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Supreme Court of India 2016-02-17 partly_allowed

Gurbax Singh vs State of Punjab & ors

Bench: 2 — 2

In Brief

A police officer promoted for exceptional bravery was dismissed in 1991 based on alleged links to a terrorist gang without a formal inquiry. The appellant challenged this, alleging malafides by senior officers who retaliated over a property dispute. The High Court upheld dismissal without addressing malafides. The Supreme Court found the non-consideration of uncontested malafide allegations problematic. Since the appellant had reached superannuation and was elderly and hospitalized, the Court declined to order a fresh inquiry. Instead, it modified the dismissal order into compulsory retirement under civil service rules and directed payment of terminal benefits within eight weeks.

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Administrative Law Police Service Disciplinary Proceedings Dismissal from Service Malafides Compulsory Retirement Civil Service Rules Natural Justice

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