RAJINDER KAUR versus PUNJAB STATE & ANR.

RAJINDER KAUR versus PUNJAB STATE & ANR.

The order of discharge, though expressed in innocuous terms, was actually punitive as it was founded on misconduct, involved a stigma, and was made without due process required by Article 311(2); hence it violates constitutional safeguards and must be quashed.

Parties
Appellant: Rajinder Kaur; Respondent: Punjab State & Anr.
Jurisdiction
India
Judgment Date
08 August 1986
Procedural Posture
Civil Appeal / Appeal Allowed by Supreme Court
Outcome
Appeal allowed
Legal Topics
Service Termination, Protection Under Article 311(2), Stigma in Service Record, Discharge Vs Dismissal, Procedural Fairness
Constitutional Law Service Law Service Termination Protection Under Article 311(2) Stigma in Service Record Discharge Vs Dismissal Procedural Fairness

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Parties

Rajinder Kaur

Appellant

Punjab State & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal Allowed by Supreme Court

Legal Issues

  1. 1 Whether an order of discharge, expressed in innocuous terms but founded on misconduct without opportunity to be heard, violates Article 311(2) and is liable to be quashed

Ratio Decidendi

The order of discharge, though expressed in innocuous terms, was actually punitive as it was founded on misconduct, involved a stigma, and was made without due process required by Article 311(2); hence it violates constitutional safeguards and must be quashed.

Court Disposition

Appeal allowed

Orders

  • Writ of certiorari issued to quash and set aside the discharge order dated 9.9.1980.
  • Writ of mandamus and appropriate directions issued for reinstatement of appellant.