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september 2016

Supreme Court of India · 2016-09-30

STATE OF UP . vs Z.U. ANSARI

Citation / case number
SC 2014/22162
Court
Supreme Court of India
Petitioner
STATE OF UP .
Respondent
Z.U. ANSARI
Author
T.S. THAKUR
Bench
V. GOPALA GOWDA T.S. THAKUR

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash disciplinary proceedings against Z.U. Ansari, stating that the absence of valid sanction from the Governor under Section 351-A of the Civil Services Regulations, 1975, as required by Article 309 of the Constitution of India, rendered the proceedings legally impermissible. The Court clarified that the sanction for initiating such proceedings must be granted by the Governor and not by the Minister in-charge, as the latter lacks the authority under the U.P. Rules of Business, 1975. Consequently, the appeal by the State of U.P. was dismissed, affirming the High Court's order for consequential benefits to the respondent.

STATE OF UP . vs Z.U. ANSARI · Niyam