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Supreme Court of India 2017-09-05

State of Maharashtra & Anr vs Kishor M. Gadhave Patil & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The State of Maharashtra appealed against a High Court order quashing its cancellation of appointments of 15 law officers (Additional Government Pleaders, Assistant Government Pleaders, and Additional Public Prosecutors) under Rule 30(5) of the 1984 Rules (removal for incompatible conduct). The Court modified the cancellation order, treating it as passed under Rule 30(6) (termination at pleasure with compensation). This allowed the respondents, whose terms had expired during the appeal, to receive one month's retainer as compensation in lieu of notice instead of being subject to the stigmatic removal under Rule 30(5). The respondents were directed to be paid compensation within 3 months, and the State could consider them for future appointments.

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