Supreme Court of India · 1963-02-12
STATE OF ASSAM & ANOTHER vs BIMAL KUMAR PANDIT
- Citation / case number
- SC 1962/212
- Court
- Supreme Court of India
- Petitioner
- STATE OF ASSAM & ANOTHER
- Respondent
- BIMAL KUMAR PANDIT
- Author
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.
- Bench
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that Article 311(2) of the Constitution mandates that a public servant must be given a reasonable opportunity to respond to the proposed disciplinary action. The Court found that the High Court erred in ruling that the respondent was not given such an opportunity, emphasizing that the dismissing authority must communicate its acceptance of the Enquiry Officer's findings and the reasons for the proposed penalty. The Court upheld the demotion order, stating that the procedural requirements were met, and the respondent had adequate chances to defend himself.