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november 2009

Supreme Court of India · 2009-11-30

Shiv Pujan Prasad(Dead) By Lrs vs State Of U.P. & Anr

Citation / case number
AIR 2010 SUPREME COURT 256
Court
Supreme Court of India
Petitioner
Shiv Pujan Prasad(Dead) By Lrs
Respondent
State Of U.P. & Anr
Author
K.S. Radhakrishnan
Bench
K.S. Radhakrishnan, R.V. Raveendran

Judgment text excerpt

The Supreme Court upheld the dismissal of Shiv Pujan Prasad under the U.P. Government Servant (Discipline and Appeal) Rules, 1999, emphasizing the necessity of a fair inquiry as mandated by Article 14 of the Constitution. The Court reiterated that the caste status of an employee must be determined with due process, and any failure to provide an opportunity for defense violates principles of natural justice. The Court ruled that the dismissal was valid, affirming the High Court's decision and dismissing the appeal.

Shiv Pujan Prasad(Dead) By Lrs vs State Of U.P. & Anr · Niyam