Supreme Court of India
State of West Bengal v. Haresh C. Banerjee and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, we set aside the impugned judgment to the extent F it declares Rule 10( I) ultra vires.
Judgment, page 5
From the headnote
Service Law: West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971- Rule 10(/)-Pension-Withholding of-By State-Constitutional validity a/ Held: The Rule being the authority of law under which the pension could be withheld, the same cannot be held ultra vires even at the time when pension was a property to which Article 19(1)(/) was applicable-Constitution of India, 1950-Articles 19(/)(f) (since repealed) and 309. proviso thereto.…
Authorities it was built on
Where later benches applied it
- 2020 Dr. Hira Lal v. State of Bihar & Ors.
- 2013 State of Jharkhand & Ors. v. Jitendra Kumar Srivastava & Anr.
- 2023 B. S. Hari Commandant v. Union of India & Ors.
Of those, 2 relied on · 1 referred to
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