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SUPREME COURT OF INDIA

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PETITIONER:

ANOOP JAISWAL

Vs.

RESPONDENT:

GOVERNMENT OF INDIA & ANR.

DATE OF JUDGMENT24/01/1984

BENCH:

VENKATARAMIAH, E.S. (J)

BENCH:

VENKATARAMIAH, E.S. (J)

MISRA, R.B. (J)

CITATION:

1984 AIR 636 1984 SCR (2) 453

1984 SCC (2) 369 1984 SCALE (1)105

CITATOR INFO :

R 1984 SC1110 (6)

RF 1986 SC1626 (28)

R 1986 SC1790 (12)

F 1987 SC1833 (2)

F 1990 SC1368 (28)

R 1991 SC1310 (9)

RF 1991 SC1490 (3)

D 1992 SC2093 (17)

ACT:

Constitution of India-Art. 311 (2)- Applicability of.

Protection under Art. 311 (2) available if the order of

discharge is found to be by way of punishment. To see

whether an order of discharge is by way of punishment. form

of the order is not decisive. Court must go behind the form

and ascertain the true character of the order.

HEADNOTE:

The appellant who had been selected for appointment in

the Indian Police Service was undergoing training as

probationer in the National Police Academy. On June 22, 1981

due to rain the appellant as well other probationers reach