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PETITIONER: UNION OF INDIA
Vs.
RESPONDENT: T. R. VARMA.
DATE OF JUDGMENT: 18/09/1957
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA DAS, SUDHI RANJAN (CJ) SINHA, BHUVNESHWAR P. KAPUR, J.L. SARKAR, A.K.
CITATION: 1957 AIR 882 1958 SCR 499
ACT: Government Servant-Dismissal-Enquiry-Procedure for taking evidence-Applicability of the Indian Evidence Act-Rules of natural justice-Reasonable opportunity--Constitution of India, Art. 311 (2). Writ-Special jurisdiction of High Court-Alternative remedy -Disputed questions involving taking of evidence-Practice of the High Court-Constitution of India, Art. 226.
HEADNOTE: The respondent was dismissed from service under the Govern- ment of India in pursuance of an enquiry held under Art. 311 of the Constitution of India. He filed an application in the High Court under Art. 226 to quash the order of dismiss- al on the grounds inter alia that in the enquiry the evi- dence of the respondent and his witnesses was not taken in the mode prescribed by the Indian Evidence Act and that as a result. he was not given a reasonable opportunity as re- quired under Art. 311(2). It was found that though the procedure laid down in that Act was not strictly followed the respondent was given a full o...