Supreme Court of India · 1963-08-22
STATE OF MYSORE vs K. MANCHE GOWDA
- Citation / case number
- SC 1963/140
- Court
- Supreme Court of India
- Petitioner
- STATE OF MYSORE
- Respondent
- K. MANCHE GOWDA
- Bench
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that under Article 311(2) of the Constitution of India, a government servant must be given a reasonable opportunity to explain the grounds for dismissal, including any reliance on previous punishments. The Court emphasized that the doctrine of 'presumptive knowledge' is contrary to the principle of 'reasonable opportunity'. The dismissal of the respondent was quashed as the earlier punishments were not disclosed in the second show cause notice, violating the procedural fairness required by law.