http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 10
PETITIONER: STATE OF U. P.
Vs.
RESPONDENT: MANBODHAN LAL SRIVASTAVA.
DATE OF JUDGMENT: 20/09/1957
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA KAPUR, J.L. SARKAR, A.K.
CITATION: 1957 AIR 912 1958 SCR 533
ACT: Government servant-Disciplinary Proceedings-Enquiry Show- cause notice under Art. 31l(2) of the Constitution-Consulta- tion of Public Service Commission--Whethcr mandatory-Consti- tution of India, Arts. 311(2), 320(3) (c).
HEADNOTE: The respondent was an employee under the appellant, the State of Uttar Pradesh, and as it was discovered that he had allowed his private interests to come in conflict with his public duties, a departmental inquiry was held wherein charges were framed against him. He was called upon to submit his written statement of defence and given an oppor- tunity to adduce evidence in support of it. After consider- ing the report of the enquiry, in which the charges were found to be true, the appellant called upon the respondent, under Art. 311(2) of the Constitution of India, to show cause why he should not be demoted and compulsorily retired, and the respondent submitted a written explanation setting out his defence and objecting to the procedure 53...