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Supreme Court of India 2016-02-17 partly_allowed

Gurbax Singh vs State of Punjab & ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A police constable promoted to Sub-Inspector for exceptional courage was dismissed in 1991 without a full inquiry, allegedly for involvement with a terrorist gang. The appellant claimed malafides by a senior officer in a property dispute. The Supreme Court found the allegations of malafides were uncontradicted and ignored by lower courts. Instead of ordering a fresh inquiry (impractical due to the appellant's advanced age and poor health after 28 years of service), the Court converted the dismissal into compulsory retirement under statutory rules, allowing him to receive terminal benefits. The decision balanced procedural justice against practical circumstances."

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Police and Public Service Administrative Law Dismissal and Termination Procedure Malafides and Bias Compulsory Retirement

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