Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2005

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.

STATE OF U.P. vs VIJAY SHANKER TRIPATHI · Niyam