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august 2000

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.

Jagdamba Prasad Shukla vs State Of U.P. & Ors · Niyam