Supreme Court of India · 1957-12-13
KHEM CHAND vs THE UNION OF INDIA AND OTHERS
- Citation / case number
- SC 1957/60141
- Court
- Supreme Court of India
- Petitioner
- KHEM CHAND
- Respondent
- THE UNION OF INDIA AND OTHERS
- Bench
- DAS, SUDHI RANJAN (CJ),AIYYAR, T.L. VENKATARAMA,DAS, S.K.,SARKAR, A.K.,BOSE, VIVIAN
Judgment text excerpt
The Supreme Court interpreted 'reasonable opportunity to show cause' under Article 311(2) of the Constitution, establishing that it includes the right to be informed of charges, to cross-examine witnesses, and to contest the proposed punishment. The Court held that failure to provide notice of the competent authority's tentative decision to dismiss the government servant rendered the dismissal void. Consequently, the dismissal order was declared inoperative due to non-compliance with Article 311(2).