Supreme Court · 1971 INSC 193 · Decided 12 August 1971
State of U.P. v. Shyam Lal Sharma
- Court
- Supreme Court of India
- Citation
- 1971 INSC 193 · [1972] 1 S.C.R. 184
- Case number
- CIVIL APPEAL No. 1203/1969
- Decided
- 12 August 1971
- Bench
- S.M. SIKRI, A.N. RAY, D.G. PALEKAR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 311
Headnote
Civil service-Compulsory Retirement­ Order when can be said to be by way of Punishment The Order compulsorily retiring the respondent, a head constable, made reference to a letter dated March 16, 1962 of the Police Head Quarters approving a proposal by the Superintendent of Police, dated respondent was "considered to be a bad lot incorrigible and no longer useful"'. The respondent filed a suit for a declaration that the Order was illegal since the procedure under Art. 311 of the Constitution and r. 55 of the Civil Service Regula­ tions was not followed. The trial
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