Supreme Court · 1971 INSC 17 · Decided 19 January 1971
State of Punjab v. Kishan Dass
- Court
- Supreme Court of India
- Citation
- 1971 INSC 17 · [1971] 3 S.C.R. 389
- Case number
- CIVIL APPEAL No. 359/1967
- Decided
- 19 January 1971
- Bench
- J.M. SHELAT, C.A. VAIDYIALINGAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 311(2)
Headnote
Constitution of India. Arr. 311-Forfeiiure of past service-If amounts to reduction in rank. Pursuant to certain charges against the respondent, a police constable, his entire service with permanent effect were forfeited, which meant re­ ducing his salary to the starting point in the time scale having failed, he filed a suit. The trial court decreed the suit holding that the order amounted to reduction in rank, therefore, Art. 311(2) of the Constitution was attract­ ed and as no show cause notice was served belfore the order was passed, the order was vitiated and was bad. The decree
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