State Of Uttar Pradesh And Ors vs Vijay Shanker Tripathi

The Supreme Court held that Article 311(2) of the Constitution of India is applicable to temporary government servants, but the determination of whether an order of termination is simpliciter or punitive must be based on the specific facts of each case. The Court found that the High Court failed to adequately consider whether the termination order carried any stigma or was based on an inquiry, which necessitated a detailed examination. The appeal was allowed, and the High Court's decision to set aside the termination was overturned, emphasizing the need for a proper assessment of the termination's nature.