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.