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.