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august 1995

Supreme Court of India · 1995-08-14

UNION OF INDIA vs S.B. MISHRA

Citation / case number
SC 1992/84386
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
S.B. MISHRA
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the validity of the respondent's compulsory retirement as a lecturer under the CCS (CC & A) Rules, 1965, emphasizing that Article 310 of the Constitution exempts defense personnel from these rules. The Court held that the respondent was not under deemed suspension as per Rule 10(4) and that the Tribunal's order for reinstatement with consequential benefits was valid. The judgment reaffirmed the doctrine of pleasure under Article 310, clarifying that the CCS Rules do not apply to defense personnel.

UNION OF INDIA vs S.B. MISHRA · Niyam