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december 2004

Supreme Court of India · 2004-12-03

STATE OF U.P. vs GULAB SHANKAR SRIVASTAVA

Citation / case number
SC 2003/11630
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
GULAB SHANKAR SRIVASTAVA
Bench
ARIJIT PASAYAT & S.H. KAPADIA

Judgment text excerpt

The Supreme Court upheld the decision of the Allahabad High Court, which had allowed the respondent's petition and directed the payment of all consequential benefits as if the order of punishment dated 19.4.1993 had not been passed. The Court emphasized that the disciplinary proceedings violated the principles of natural justice, particularly the right to a fair hearing as mandated by the Civil Services (Classification, Control & Appeal) Rules. The Court held that the punishment imposed was arbitrary and illegal due to the lack of opportunity to cross-examine witnesses and non-supply of vital documents, thus reinforcing the importance of due process in administrative actions.

STATE OF U.P. vs GULAB SHANKAR SRIVASTAVA · Niyam