Supreme Court · 1998 INSC 4 · Decided 7 January 1998
State of Andhra Pradesh v. DR. K. Ramchandran
- Court
- Supreme Court of India
- Citation
- 1998 INSC 4 · [1998] 1 S.C.R. 23
- Case number
- CIVIL APPEAL No. 914/1986
- Decided
- 7 January 1998
- Bench
- S. SAGHIR AHMAD, G.B. PATTANAIK (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 309; Prevention of Corruption Act Section 5(I)
Headnote
Service Law : A.P. Civil Services (Disciplinary Proceedings Tribunal) Act, 1960. Section 4 (as it stood prior to amendment by A.P. Act 6 of 1993)­ Disciplinary proceedings-Reference to Tribunal-Requirement of-Penalty imposed on employee without referring the case to Tribunal-Validity-Held : It and hence illegal. D Interpretation of Statutes : Rules of interprelation-Subsidigry rule-Mandatory or directory-­ Amendment-Word "shall" replaced by word "may"-Held: This shows the amended provision is discretionary whereas the unamended provision is E mandatory. The
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