STATE OF BOMBAY NOW STATE OF GUJARAT Vs. AMARSINH RAVAL
HIGH COURT OF GUJARAT
STATE OF BOMBAY
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(1.) The respondent, who was the plaintiff, filed a suit against the State of Bombay for a declaration that the order dismissing him from service as a Deputy Superintendent of Police was illegal, null and void and for consequential reliefs and also to recover Rs. 4300/- by way of arrears of salary etc., upto May, 1954. He also prayed for salary and other allowances upto the date of reinstatement and for other reliefs. The first Court granted a decree on the ground that no reasonable opportunity was given to the plaintiff as required by Article 311 of the Constitution. The plaintiff's suit was substantially decreed and almost all the reliefs were awarded. In first appeal, the District Judge, Jamnagar, confirmed this decree of the trial Court. In this second appeal it is urged by the State of Gujarat, which has taken the place of the State of Bombay who was the original defendant, that reasonable opportunity has been given.
(2.) In the course of the arguments various contentions have been urged regarding the interpretation of Article 311 of the Constitution and various rulings have been cited. Article 311 of the Constitution, so far as relevant, reads as follows:
"(1) No person who is a member of a civil service of the Union or an all- India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. (2) No such person as aforesaid shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him." The first sub-section provides that no person referred to therein shall be dismissed or removed by an authority subordinate to that by which he was appointed. Subsection (2) further provides that such authority shall not dismiss or remove or reduce him in rank until the person concerned has been given an opportunity (sic) (to show cause?) against the action proposed to be taken in regard to him.
(3.) Certain questions may arise as to the construction of this sub-section, firstly as to the meaning of reasonable opportunity and secondly as to the meaning of the expression "action proposed to be taken".;
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