State Of U.P. And Ors. vs Ashok Kumar

The Supreme Court held that the termination of a temporary constable's service under the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975, was not violative of Article 311(2) of the Constitution, as the termination was simpliciter and did not carry any stigma. The Court clarified that a termination order without an inquiry does not imply a violation of Article 311(2) unless it is punitive in nature. The appeal by the State of U.P. was allowed, overturning the decisions of the Tribunal and the High Court which had found a violation of the respondent's rights.