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february 2008

Supreme Court of India · 2008-02-19

Kaushal Kishore vs Cane Commissioner, U.P. & Ors

Court
Supreme Court of India
Petitioner
Kaushal Kishore
Respondent
Cane Commissioner, U.P. & Ors
Bench
H.K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court held that the termination of the appellant's service was not a simplicitor termination but a punitive action with stigma, thus requiring adherence to the procedural safeguards under Article 311(2) of the Constitution. The Court found that the inquiry report was submitted before the appellant's show cause reply was received, rendering the termination arbitrary and unlawful. Consequently, the Court set aside the termination order and allowed the appellant's writ petition, granting liberty to the respondent to initiate a fresh inquiry.

Kaushal Kishore vs Cane Commissioner, U.P. & Ors · Niyam