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april 1969

Supreme Court of India · 1969-04-10

STATE OF GUJARAT vs R. G. TEREDESAI & ANR.

Citation / case number
SC 1966/60333
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT
Respondent
R. G. TEREDESAI & ANR.
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that the omission to provide the recommendations of the Enquiry Officer regarding punishment to the first respondent constituted a violation of Article 311(2) of the Constitution, which mandates a reasonable opportunity to make representations. The Court affirmed the High Court's decision to set aside the removal order while allowing the State Government to issue a fresh show cause notice. It was clarified that while the Enquiry Officer is not obliged to make recommendations, if such recommendations exist, they must be disclosed to the delinquent officer to ensure fair representation.

STATE OF GUJARAT vs R. G. TEREDESAI & ANR. · Niyam