BHAGWAN MISHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Standing Counsel on behalf of the State.

(2.) On behalf of learned Counsel for the petitioner it is submitted that the dismissal of the petitioner was a punitive action, therefore, in view of the provision of Article 311 of the Constitution of India an opportunity of hearing ought to have been given and only after enquiry he could have been dismissed from service.

(3.) Learned Counsel for the petitioner has placed reliance on the pronouncements of the Hon'ble Apex Court and this Court also in the cases of Union of India and another v. Tulsiram Patel, 1985 51 FLR 362. Ram Pratap Singh v. State of U.P. and others,2009 121 FLR 896. Soda Nand Misra v. State of U.P. and another, 2000 18 LCD 88 and Shyam Narain Shukla and another v. State of U.P. and others passed in Writ Petition Nos. 3871 and 6759 of 1986 decided on July 28, 1988.