MOHAMMAD ABDUL SALAM KHAN versus SARFARAZ AHMAD KHAN & OTHERS

MOHAMMAD ABDUL SALAM KHAN versus SARFARAZ AHMAD KHAN & OTHERS

A government servant dismissed from service incurs disqualification under s. 6-K of the U.P. Town Areas Act, as dismissal includes debarment from re-employment, regardless of whether the order expressly states so or publication in Police Gazette occurs.

Parties
Appellant: Mohammad Abdul Salam Khan; Respondent: Sarfraz Ahmad Khan; Respondents: Others
Jurisdiction
India
Judgment Date
05 March 1975
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Disqualification for Public Office, Government Servant Dismissal, Disciplinary Proceedings
Election Law Service Law Administrative Law Disqualification for Public Office Government Servant Dismissal Disciplinary Proceedings

Case Brief

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Parties

Mohammad Abdul Salam Khan

Appellant

Sarfraz Ahmad Khan

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Allahabad High Court

Legal Issues

  1. 1 Whether a dismissed government servant is disqualified under s. 6-K of the U.P. Town Areas Act from being chosen as Chairman of a Town Area Committee
  2. 2 Whether dismissal under service rules ipso facto carries debarment from re-employment

Ratio Decidendi

A government servant dismissed from service incurs disqualification under s. 6-K of the U.P. Town Areas Act, as dismissal includes debarment from re-employment, regardless of whether the order expressly states so or publication in Police Gazette occurs.

Court Disposition

Appeal allowed

Orders

  • Election of respondent No. 1 set aside
  • Appellant affirmed as Chairman