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PETITIONER: KHEM CHAND
Vs.
RESPONDENT: THE UNION OF INDIA AND OTHERS
DATE OF JUDGMENT: 13/12/1957
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA DAS, S.K. SARKAR, A.K. BOSE, VIVIAN
CITATION: 1958 AIR 300 1958 SCR 1080
ACT: Constitution, Interpretation of-’Reasonable opportunity of showing cause’, Meaning of-Punishment of dismissal on Government Servant-Constitutional Protection-Procedure- Constitution of India, Art. 311(2).
HEADNOTE: Reasonable opportunity to show cause’ in Art. 311(2) Of the Constitution contemplates not merely the opportunity to do so at the enquiry stage but also when the competent authority, as a result of the enquiry, proposes to inflict one of the three punishments mentioned in the Article on the delinquent servant. Such reasonable opportunity must, therefore, include,- (1) opportunity to deny his guilt and establish his innocence which means that he must be told what the charges against him 1081 are and the allegations on which such charges are based ; (2)opportunity to cross-examine the witnesses produced against him and examine himself or other witnesses on his behalf and, (3)opportunity to show that the proposed punishment would not be the proper punishment to inflict, which means that the tentative determination of the competent aut...