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may 2019

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.

LAL BAHADUR GAUTAM vs THE STATE OF UTTAR PRADESH · Niyam