Supreme Court of India · 1987-07-31
BAKSHI SARDARI LAL (DEAD) THROUGH LRs& ORS. ETC. vs UNION OF INDIA & ANR.
- Citation / case number
- SC 1974/60473
- Court
- Supreme Court of India
- Petitioner
- BAKSHI SARDARI LAL (DEAD) THROUGH LRs& ORS. ETC.
- Respondent
- UNION OF INDIA & ANR.
- Author
- MISRA RANGNATH
- Bench
- MISRA RANGNATH
Judgment text excerpt
The Supreme Court held that the President's order of dismissal was valid as it was based on the aid and advice of the Council of Ministers, not personal satisfaction, thus aligning with the principles established in Shamsher Singh's case. The Court clarified that a fresh order of dismissal could be issued without prior leave of the Court after rectifying earlier legal defects. It emphasized the necessity of recording reasons for satisfaction under Article 311(2) of the Constitution, ruling that while communication of reasons is advisable, it is not mandatory. The Court found no malafides in the dismissal process, affirming the importance of discipline within the police force.