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Dhirendra Singh And Ors. vs State Of U.P.Through Secy. Govt. Of ... on 3 April, 2012 cites

Dipti Prakash Banerjee vs Satvendra Nath Bose National Centre For ... on 10 February, 1999

The competing arguments advanced by learned counsels for the respective parties have been considered. The Division Bench of this Court in the case of Kailash Bharti vs State of U.P and others (supra) after analyzing various pronouncements of the Apex Court including the case of P.N. Verma Vs. SGPGI and another (supra), Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences, Calcutta and Others (supra) and in Chandra Prakash Shahi Vs. State of U.P. and others, reported in (1999) 2 SCC 21 and various other judgments evolved the principles to be applied as test to determine as to under what circumstances the order of termination simplicitor can be said to be punitive and further as to the scope of judicial review in such matters. The Division Bench in the said case has clearly noted down that the writ court can look behind the order to ascertain the true foundation or motive of the order of termination of service. In other words, even if the order of termination is worded innocuously not indicating or pointing out any allegation of misconduct, the Writ Court can clear the web and ascertain the true colour of the order and infer as to whether the allegation of misconduct is the motive or the foundation of order of termination.
Supreme Court of India Cites 24 - Cited by 500 - M J Rao - Full Document

Hridaya Rangan Pd. Verma And Ors vs State Of Bihar And Anr on 31 March, 2000

The competing arguments advanced by learned counsels for the respective parties have been considered. The Division Bench of this Court in the case of Kailash Bharti vs State of U.P and others (supra) after analyzing various pronouncements of the Apex Court including the case of P.N. Verma Vs. SGPGI and another (supra), Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences, Calcutta and Others (supra) and in Chandra Prakash Shahi Vs. State of U.P. and others, reported in (1999) 2 SCC 21 and various other judgments evolved the principles to be applied as test to determine as to under what circumstances the order of termination simplicitor can be said to be punitive and further as to the scope of judicial review in such matters. The Division Bench in the said case has clearly noted down that the writ court can look behind the order to ascertain the true foundation or motive of the order of termination of service. In other words, even if the order of termination is worded innocuously not indicating or pointing out any allegation of misconduct, the Writ Court can clear the web and ascertain the true colour of the order and infer as to whether the allegation of misconduct is the motive or the foundation of order of termination.
Supreme Court of India Cites 18 - Cited by 714 - D P Mohapatra - Full Document

Chandra Prakash Shahi vs State Of U.P. & Ors on 25 April, 2000

The competing arguments advanced by learned counsels for the respective parties have been considered. The Division Bench of this Court in the case of Kailash Bharti vs State of U.P and others (supra) after analyzing various pronouncements of the Apex Court including the case of P.N. Verma Vs. SGPGI and another (supra), Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences, Calcutta and Others (supra) and in Chandra Prakash Shahi Vs. State of U.P. and others, reported in (1999) 2 SCC 21 and various other judgments evolved the principles to be applied as test to determine as to under what circumstances the order of termination simplicitor can be said to be punitive and further as to the scope of judicial review in such matters. The Division Bench in the said case has clearly noted down that the writ court can look behind the order to ascertain the true foundation or motive of the order of termination of service. In other words, even if the order of termination is worded innocuously not indicating or pointing out any allegation of misconduct, the Writ Court can clear the web and ascertain the true colour of the order and infer as to whether the allegation of misconduct is the motive or the foundation of order of termination.
Supreme Court of India Cites 33 - Cited by 306 - S S Ahmad - Full Document

Rambilash Bharti vs The Bharat Coking Coal Ltd. And Ors. on 1 August, 2007

The competing arguments advanced by learned counsels for the respective parties have been considered. The Division Bench of this Court in the case of Kailash Bharti vs State of U.P and others (supra) after analyzing various pronouncements of the Apex Court including the case of P.N. Verma Vs. SGPGI and another (supra), Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences, Calcutta and Others (supra) and in Chandra Prakash Shahi Vs. State of U.P. and others, reported in (1999) 2 SCC 21 and various other judgments evolved the principles to be applied as test to determine as to under what circumstances the order of termination simplicitor can be said to be punitive and further as to the scope of judicial review in such matters. The Division Bench in the said case has clearly noted down that the writ court can look behind the order to ascertain the true foundation or motive of the order of termination of service. In other words, even if the order of termination is worded innocuously not indicating or pointing out any allegation of misconduct, the Writ Court can clear the web and ascertain the true colour of the order and infer as to whether the allegation of misconduct is the motive or the foundation of order of termination.
Jharkhand High Court Cites 2 - Cited by 4 - N N Tiwari - Full Document
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