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february 2008

Supreme Court of India · 2008-02-19

KAUSHAL KISHORE vs CANE COMMNR., U.P. .

Citation / case number
SC 2003/26517
Court
Supreme Court of India
Petitioner
KAUSHAL KISHORE
Respondent
CANE COMMNR., U.P. .
Bench
H.K. SEMA & MARKANDEY KATJU

Judgment text excerpt

The Supreme Court held that the termination of the appellant's service was not a simpliciter termination but a punitive action, 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 response to the show cause notice, 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 if desired.

KAUSHAL KISHORE vs CANE COMMNR., U.P. . · Niyam