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november 1954

Supreme Court of India · 1954-11-25

P. JOSEPH JOHN vs THE STATE OF TRAVANCORE-COCHIN.

Citation / case number
SC 1953/1420
Court
Supreme Court of India
Petitioner
P. JOSEPH JOHN
Respondent
THE STATE OF TRAVANCORE-COCHIN.
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,BHAGWATI, N.H. &JAGANNADHADAS, B. &AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that under Article 311 of the Constitution, a civil servant is entitled to a reasonable opportunity to defend himself at both the enquiry and punishment stages. The Court found that the petitioner had availed himself of the first opportunity but failed to utilize the second, thus all rules of natural justice were observed. It was also held that Articles 166(1) and (2) are directory, and the expression 'Our Government' refers to the Council of Ministers post-integration of Travancore and Cochin, with the Rajpramukh acting on their advice. Furthermore, the consultation under Article 320(3) does not apply to review petitions, and Article 20 of the Covenant only pertains to the initiation of civil or criminal proceedings, not departmental inquiries.

P. JOSEPH JOHN vs THE STATE OF TRAVANCORE-COCHIN. · Niyam