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february 1963

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.

STATE OF ASSAM & ANOTHER vs BIMAL KUMAR PANDIT · Niyam