THE STATE OF PUNJAB versus DARSHAN SINGH

THE STATE OF PUNJAB versus DARSHAN SINGH

Removal from service for misconduct is valid when the charge is specifically framed. Mention of previous punishments does not vitiate the removal order unless those punishments are treated as a basis without charge or opportunity.

Parties
Appellant: The State of Punjab; Respondent: Darshan Singh
Jurisdiction
India
Judgment Date
15 February 1996
Procedural Posture
Civil Appeal / Appeal From Punjab & Haryana High Court, Rs.a. No. 2541 of 1992
Outcome
Appeal allowed
Legal Topics
Misconduct, Removal From Service, Bus Conductor, Previous Punishments
Service Law Misconduct Removal From Service Bus Conductor Previous Punishments

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Parties

The State of Punjab

Appellant

Darshan Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab & Haryana High Court, Rs.a. No. 2541 of 1992

Legal Issues

  1. 1 Whether removal from service based on previous conduct without framing a charge or giving opportunity is valid under service law

Ratio Decidendi

Removal from service for misconduct is valid when the charge is specifically framed. Mention of previous punishments does not vitiate the removal order unless those punishments are treated as a basis without charge or opportunity.

Court Disposition

Appeal allowed

Orders

  • The suit stands dismissed. No costs.