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september 1994

Supreme Court of India · 1994-09-05

STATE OF U.P. vs BIHARI LAL

Citation / case number
SC 1994/74909
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
BIHARI LAL
Bench
K. RAMASWAMY & N. VENKATACHALA

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the compulsory retirement of the respondent, an Assistant Commissioner in the Sales Tax Department, violated Article 311 of the Constitution due to lack of opportunity and arbitrary exercise of power. The Court emphasized that the entire service record must be considered before such a decision is made under Rule 560(j) of the Fundamental Rules. The appeal was dismissed as no useful purpose would be served in allowing it, given the respondent's imminent retirement on May 31, 1995.

STATE OF U.P. vs BIHARI LAL · Niyam