A PARAMESWARA AIYER Vs. STATE OF KERALA
LAWS(KER)-1963-1-25
HIGH COURT OF KERALA
Decided on January 07,1963

A. PARAMESWARA AIYER Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.)THE petitioner in O. P. No. 2650 of 1961 is the appellant before us. He was a Sub-Magistrate in the service of the State.
(2.)THE appellant was dismissed by Ext. P 8 dated 20 61961. The report of the Enquiry Commissioner is Ext. P-5 dated 7 91959 and the notice to show cause against the punishment proposed to be awarded by the government is Ext. P-6 dated 8 21961. A perusal of Exts. P-5 and P-6 shows that the conclusions against the appellant by the Enquiry Commissioner and the government were not identical and that it was the divergence that was the foundation for the proposal to dismiss the appellant from service.
The appellant's reply to Ext. P-6 is Ext. P-7 dated 25 21961. He wound up that reply with a prayer that the Government should allow him an opportunity to be heard through counsel.

(3.)NO opportunity, however, was given to him to present his case either through counsel or in person. In AIR. 1956 Orissa 219 the Court said: "though it is not necessary that an opportunity for a personal hearing should be given by the dismissing authority to constitute a reasonable opportunity required under Art. 311 (2] yet it may be desirable in some cases that the dismissing authority should afford an opportunity to the civil servant concerned of a personal hearing. " The direction in Art. 311 (2) of the Constitution is that a Government servant before he is dismissed or removed or reduced in rank should be given "a reasonable opportunity of showing cause against the action proposed to be taken in regard to Mm" except in the three cases specified in the proviso to that provision. The Constitution does not define what amounts to a reasonable opportunity and what is a reasonable opportunity in a given case will depend on the facts and circumstances of that case.
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