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SUPREME COURT OF INDIA

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PETITIONER:

NEPAL SINGH

Vs.

RESPONDENT:

STATE OF U. P. ORS.

DATE OF JUDGMENT09/11/1984

BENCH:

PATHAK, R.S.

BENCH:

PATHAK, R.S.

MADON, D.P.

THAKKAR, M.P. (J)

CITATION:

1985 AIR 84 1985 SCR (2) 1

1985 SCC (1) 56 1984 SCALE (2)693

CITATOR INFO :

R 1986 SC1626 (30)

RF 1991 SC1490 (3)

RF 1992 SC 496 (26)

ACT:

Public Service-Termination of Service of a temporary

government servant on the allegation of misconduct and

corruption without following provisions of Article 311(2) of

the Constitution is void and violative of Articles 14 and 16

Competent Authorities cannot circumvent the mandate of

Article 311(2) and resort to the guise of ex-facie innocuous

termination order-U.P. Government Servants Conduct Rules

1956, Rule 29 read with Constitution of India, Articles

14,16 and 311 (2). D

HEADNOTE:

On an allegation that the appellant, a temporary Sub-

inspector of Police, while posted at Pithoragarh had

contracted in November 1964 a second marriage, while his

first wife was alive, without obtaining the prior permission

of th