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PETITIONER: HUKUM CHAND MALHOTRA
Vs.
RESPONDENT: UNION OF INDIA
DATE OF JUDGMENT: 12/12/1958
BENCH: DAS, S.K. BENCH: DAS, S.K. SINHA, BHUVNESHWAR P.(CJ) GAJENDRAGADKAR, P.B. WANCHOO, K.N. HIDAYATULLAH, M.
CITATION: 1959 AIR 536 1959 SCR Supl. (1) 892 CITATOR INFO : RF 1971 SC2004 (10) RF 1980 SC1650 (7)
ACT: Government Servant-Acceptance of Private employment without Government’s sanction-Show cause notice-Proposal of alternative Punishment-Legality of notice-Validity of order of removal from service-Constitution of India, Art. 311(2).
HEADNOTE: The appellant, a Government servant, was charged with having, contrary to the rules governing the conditions of his service, accepted private employment without sanction of Government while he was still in Government service. The Officer who held an enquiry against him found the charge to be true and submitted a report. On April 14, 1954, a notice was issued to the appellant asking him to show cause in accordance with the provisions of Art. 3II(2) of the Constitution in the following terms:........... On a careful consideration of the report, and in particular of the conclusions reached by the Enquiring Officer in respect of the charges framed against you, the President is provisionally of opinion that a major penalty, viz., dismissal, removal or reduction sho...