KAMAL NAYAN MISHRA versus STATE OF M.P. & ORS.

KAMAL NAYAN MISHRA versus STATE OF M.P. & ORS.

A confirmed government servant cannot be terminated for furnishing false information in an attestation form without disciplinary enquiry; Article 311 provides constitutional safeguard and punishment for such misconduct requires due process.

Parties
Appellant: Kamal Nayan Mishra; Respondents: State of Madhya Pradesh & Ors.
Jurisdiction
India
Judgment Date
07 December 2009
Procedural Posture
Civil Appeal / Supreme Court Appellate Judgment After Dismissal of Writ Appeal in High Court
Outcome
Appeal allowed; termination order set aside.
Legal Topics
Termination of Service, Misconduct in Government Service, Attestation Form, Article 311 Safeguards, Disciplinary Enquiry
Service Law Constitutional Law Termination of Service Misconduct in Government Service Attestation Form Article 311 Safeguards Disciplinary Enquiry

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Parties

Kamal Nayan Mishra

Appellant

State of Madhya Pradesh & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment After Dismissal of Writ Appeal in High Court

Legal Issues

  1. 1 Whether the ratio decidendi of Ram Ratan Yadav applies to termination of a confirmed government servant for furnishing incorrect information in an attestation form without enquiry
  2. 2 Whether termination of the appellant without enquiry is valid

Ratio Decidendi

A confirmed government servant cannot be terminated for furnishing false information in an attestation form without disciplinary enquiry; Article 311 provides constitutional safeguard and punishment for such misconduct requires due process.

Court Disposition

Appeal allowed; termination order set aside.

Orders

  • Appellant to be reinstated with continuity of service and consequential benefits except salary for the period from termination to date.
  • No further disciplinary action to be taken against appellant.