Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Allahabad High Court Rules 1952 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Allahabad High Court Rules, 1952:Chapter. 8, Rule 5 - Special appeal - Writ petition challenging the order of appellate authority passed in exercise of appellate jurisdiction in terms of Service Rules of 1991 - Allowed by Single Judge of High Court - Special appeal before Division Bench of High Court.- HELD: Has been rightly held by Division Bench of the High Court as not maintainable.Service Law:Termination of service - Police Constable - Departmental proceedings for unauthorised absence from duty - Delinquent sanctioned leave without pay - Subsequently services terminated - Plea of double punishment - HELD: Single Judge of High Court erred in quashing the order of termination holding that the delinquent was inflicted with two punishments - Rule 4 of the Service Rules of 1991, defining the penalties in clear terms, makes it clear that sanction of leave without pay cannot be treated as a penalty - There is no question- of awarding two punishments in respect of one charge - Doctrine of double jeopardy has no application in the case - Judgement of Single Judge set aside - Matter remitted to Single Judge of High Court for disposal afresh - Uttar Pradesh Subordinate Police Officers/ Employees (Punishment and Appeal) Rules, 1991-Rules 4,7 and 8 - Constitution of India,1950-Article 20(2). |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 25 |
Petitioner | State Of U.p. & Ors. |
Respondent | Madhav Prasad Sharma |
SCR | [2011] 1 S.C.R. 266 |
Judgement Date | 2011-01-10 |
Case Number | 242 |
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