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october 2003

Supreme Court of India · 2003-10-29

State Of Punjab vs Darshan Singh

Citation / case number
AIR 2003 SUPREME COURT 4179
Court
Supreme Court of India
Petitioner
State Of Punjab
Respondent
Darshan Singh
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the judgment of the Punjab and Haryana High Court affirming the decision of the Additional District Judge, which reversed the dismissal of the respondent-employee's suit challenging his removal from service under Article 14 and Article 21 of the Constitution. The Court found that the termination was arbitrary as the performance review was not conducted annually as required, and thus the order was deemed whimsical. The Court held that the employee should not be treated as a fresh recruit upon reinstatement, allowing for consideration of his past service in terms of increments and promotions.

State Of Punjab vs Darshan Singh · Niyam