Supreme Court · 2001 INSC 123 · Decided 27 February 2001
State of Gujarat v. Umedbhai M. Patel
- Court
- Supreme Court of India
- Citation
- 2001 INSC 123 · [2001] 2 S.C.R. 170
- Case number
- CIVIL APPEAL No. 1561/2001
- Decided
- 27 February 2001
- Bench
- S. RAJENDRA BABU, K.G. BALAKRISHNAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 311
Headnote
Service Law : Bombay Civil Se1vices Rules, 1959-Rule J6(l)(l){i)(aa)-Employee compulsorily retired while disciplinary proceedings were pending against him­ High Cou11 set aside the orderjinding it punitive in nature-On appeal Held, compulsory retirement shall not be imposed as a puniti1•e not be passed as a sho11 cut to avoid a depa11nzental enquiry-High Cou11 rightly set aside the impugned orda as the authorities did not wait for D the conclusion of the enquiry and dispensed 1vith his se111ices for extraneous reasons, and there 1vere no adverse entries in his service record to
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