A PARAMESWARA AIYER Vs. STATE OF KERALA
HIGH COURT OF KERALA
A. PARAMESWARA AIYER
STATE OF KERALA
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(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
"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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