Supreme Court · 2006 INSC 566 · Decided 30 August 2006

State of West Bengal v. Haresh C. Banerjee and ORS.

Court
Supreme Court of India
Citation
2006 INSC 566 · [2006] SUPP. 5 S.C.R. 620
Case number
CIVIL APPEAL No. 2579/1998
Decided
30 August 2006
Bench
Y.K. SABHARWAL, C.K. THAKKER, P.K. BALASUBRAMANYAN (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 309, 19(1)(f)

Headnote

TE OF WEST BENGAL v. HARESH C. BANERJEE AND ORS. AUGUST 30, 2006 [Y .K. SABHARW AL,CJ., C. K. THAKKER AND P.K. BALASUBRAMANY AN.JJ.] Service Law: West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971- Rule 10(/)-Pension-Withholding of-By State-Constitutional validity a/­ Held: The was applicable-Constitution of D India, 1950-Articles 19(/)(f) (since repealed) and 309. proviso thereto. The question for consideration in the present appeal was whether Rule 10(1) of West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 framed under proviso to Article 309 of the

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