STATE OF MYSORE versus H. PAPANNA GOWDA & ANR. ETC.

STATE OF MYSORE versus H. PAPANNA GOWDA & ANR. ETC.

Compulsory transfer from government service to the university resulting in extinction of civil servant status amounts to removal from service in violation of Article 311 and is void.

Parties
Appellant: State of Mysore; Respondent: H. Papanna Gowda
Jurisdiction
India
Judgment Date
24 November 1970
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeals dismissed
Legal Topics
Compulsory Transfer, Civil Service, Removal From Service, Article 311
Constitutional Law Administrative Law Compulsory Transfer Civil Service Removal From Service Article 311

Case Brief

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Parties

State of Mysore

Appellant

H. Papanna Gowda

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether compulsory transfer from government service to university constitutes removal from a civil post in contravention of Article 311 of the Constitution of India

Ratio Decidendi

Compulsory transfer from government service to the university resulting in extinction of civil servant status amounts to removal from service in violation of Article 311 and is void.

Court Disposition

Appeals dismissed

Orders

  • There will be one set of hearing fee.
  • Appeals dismissed with costs.