Supreme Court of India · 1958-12-12
HUKUM CHAND MALHOTRA vs UNION OF INDIA
- Citation / case number
- SC 1958/115
- Court
- Supreme Court of India
- Petitioner
- HUKUM CHAND MALHOTRA
- Respondent
- UNION OF INDIA
- Bench
- SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.
Judgment text excerpt
The Supreme Court held that the show cause notice issued to the appellant, a Government servant, did not violate Article 311(2) of the Constitution, which allows for the imposition of major penalties. The Court reasoned that the notice's mention of alternative punishments provided the appellant with a fair opportunity to respond, thus satisfying the requirements of due process. The Court upheld the validity of the removal order dated October 1, 1954, confirming that the procedural safeguards were adequately met.