Supreme Court of India · 2019-05-08
LAL BAHADUR GAUTAM vs THE STATE OF UTTAR PRADESH
- Citation / case number
- SC 2018/3570
- Court
- Supreme Court of India
- Petitioner
- LAL BAHADUR GAUTAM
- Respondent
- THE STATE OF UTTAR PRADESH
- Author
- HON'BLE MR. JUSTICE ARUN MISHRA
- Bench
- HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ARUN MISHRA
Judgment text excerpt
The Supreme Court held that the termination of the appellant's services by the college was in violation of the provisions of CCS (Conduct) Rules, specifically Rule 35(2), as no prior approval was obtained. The Court emphasized that the college, being a non-government institution, is not considered a 'state' under Article 12 of the Constitution, and thus the High Court's order was upheld. The Court also noted that the new order of termination issued on 24.04.2017 continued to violate the CCS rules, leading to the conclusion that the termination was invalid and should be quashed.