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september 2004

Supreme Court of India · 2004-09-13

State Of Punjab & Ors vs Balbir Singh

Citation / case number
AIR 2004 SUPREME COURT 4655
Court
Supreme Court of India
Petitioner
State Of Punjab & Ors
Respondent
Balbir Singh
Author
D.M. Dharmadhikari
Bench
D.M. Dharmadhikari

Judgment text excerpt

The Supreme Court held that the discharge of a Constable under Rule 12.21 of the Punjab Police Rules, 1934, was not punitive and did not violate Article 311(2) of the Constitution of India, as the termination was based on the assessment of efficiency rather than misconduct. The Court emphasized that a termination under a specific rule does not automatically attract the protections of Article 311(2) unless it is punitive in nature. The High Court's ruling that the discharge was illegal was overturned, affirming the validity of the discharge order.

State Of Punjab & Ors vs Balbir Singh · Niyam