Supreme Court of India · 2005-07-20
STATE OF U.P. vs VIJAY SHANKER TRIPATHI
- Citation / case number
- SC 2000/8766
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- VIJAY SHANKER TRIPATHI
- Author
- ARIJIT PASAYAT
- Bench
- H.K. SEMA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the termination of a temporary government employee's service does not attract Article 311(2) of the Constitution unless it is punitive or carries a stigma. The Court found that the High Court erred in setting aside the termination order without adequately considering whether it was simpliciter or punitive. The Court emphasized that the presence of an inquiry prior to termination does not automatically imply stigma, and the legal status of the termination must be assessed based on the specific facts of the case. The appeal was allowed, reinstating the termination order.