Supreme Court · 2010 INSC 600 · Decided 10 September 2010
Davinder Singh and ORS. v. State of Punjab and ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 600 · [2010] 11 S.C.R. 609
- Case number
- CIVIL APPEAL No. 7904/2010
- Decided
- 10 September 2010
- Bench
- D.K. JAIN, H.L. DATTU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226, 311(2)
Headnote
A B Service Law - Termination - For misconduct - Punjab Home Guard Rules, 1963 - Rules 18, 27 - 'Volunteers' of the Punjab Home Guards terminated from service on ground of C indiscipline - Termination order challenged - Dispute as regards the governing rules - Held: The 1983 Rules provided for matters relating to 'members of the service', thus, the 1963 Rules were still applicable for the purpose of recruitment, discharge and D dismissal of the 'volunteers'- The termination order passed by the Department suffered from legal infirmity inasmuch as the 'volunteers' were not given a
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