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april 2000

Supreme Court of India · 2000-04-25

CHANDRA PRAKASH SHAHI vs STATE OF U.P.

Citation / case number
SC 1998/6123
Court
Supreme Court of India
Petitioner
CHANDRA PRAKASH SHAHI
Respondent
STATE OF U.P.
Author
SAGHIR AHMAD
Bench
S.S.AHMAD D.P.WADHWA

Judgment text excerpt

The Supreme Court held that the termination of a probationer's service under the U.P. Temporary Government Servants (Termination of Service) Rules, 1975, must be scrutinized to determine if it is punitive in nature, requiring a departmental inquiry. The Court emphasized that the jurisdiction of the U.P. Public Service Tribunal allows for examination of the substance of the termination order, distinguishing it from mere procedural termination. The Court ultimately upheld the Tribunal's finding that the termination was punitive and set aside the High Court's order that had reversed the Tribunal's decision, reinforcing the need for due process in such cases under Article 226 of the Constitution.

CHANDRA PRAKASH SHAHI vs STATE OF U.P. · Niyam