Supreme Court of India · 2000-08-22
Jagdamba Prasad Shukla vs State Of U.P. & Ors
- Citation / case number
- AIR 2000 SUPREME COURT 2806
- Court
- Supreme Court of India
- Petitioner
- Jagdamba Prasad Shukla
- Respondent
- State Of U.P. & Ors
- Author
- S.P. Bharucha
- Bench
- S.P. Bharucha
Judgment text excerpt
The Supreme Court held that the non-payment of subsistence allowance to the appellant during his suspension violated his right to a reasonable opportunity to defend himself in the departmental inquiry, as mandated by Article 311 of the Constitution of India. The Court found that the High Court erred in dismissing the appellant's claim regarding the denial of opportunity due to financial constraints caused by the non-payment. Consequently, the Court set aside the order of removal from service and reinstated the appellant, emphasizing the necessity of adhering to procedural fairness in disciplinary proceedings.