Supreme Court of India
State of U.P. and Anr. v. Abhai Kishore Masta
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that the principle enunciated by the High Court in JN. Bajpai and followed in the Judgment under appeal is unsustainable in law.
Judgment, page 4
From the headnote
SERVICE LAW-Disciplinary Proceedings-Order of punishment made prior to the date of decision in Union of India v. Ramzan Khan, AIR (1991) SC 47 I-Non-Supply of enquiry report does not vitiate enquiry. FUNDAMENTAL RULE 56-J-Compul:fory Retirement-Order made during the pendency of disciplinary proceedings-Whether necessarily penal-Held, No. While the respondent was working as an Executive Engineer he was suspended pending enquiry into certain charges. While the enquiry was pending, the respondent was retired compulsorily under Fundamental Rule 56-J. While the writ petition filed against the
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