Supreme Court · 1961 INSC 306 · Decided 3 November 1961

Devendra Pratap Narain Rai Sharma v. State of Uttar Pradesh

Court
Supreme Court of India
Citation
1961 INSC 306 · [1962] SUPP. 1 S.C.R. 315
Case number
CIVIL APPEAL No. 622/1960
Decided
3 November 1961
Bench
K. SUBBA RAO, J.C. SHAH, RAGHUBAR DAYAL, J.R. MUDHOLKAR (4-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Constitution Article 226, 310, 311

Headnote

SUPREME COURT REPORTS 315 DEVENDRA PRATAP NARAIN RAI SHARMA fl, S'fATE OF UT'fAR PRADESH (K ScrBBA RAO, J. C. SHAH, RAGHUBAR DAYAL and J. R. MUDHOLKAR, JJ.) Public Servant--Dismissal-Re-in•tated by decree of Civil U,urt-Merits of charge not considered-Whether fresh enquiry 011 the same of 1&08;, O. 2. r. 2-Constitution of India, Arts. 226, 310 and 311. The order of dismissal against the appellant was set aside by the High Court, holding inter alia, that reasonable opportunity was set afforded to the appellant before imposing the penalty dismissed and the appellant must be

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