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may 1980

Supreme Court of India · 1980-05-09

STATE OF MADHYA PRADESH vs RAM RATAN

Citation / case number
SC 1980/63329
Court
Supreme Court of India
Petitioner
STATE OF MADHYA PRADESH
Respondent
RAM RATAN
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that under Article 311(2) of the Constitution, the punishing authority is required to issue a second show cause notice specifying the proposed penalty after a departmental inquiry. The Court found that the failure to specify the penalty in the show cause notice rendered the imposition of compulsory retirement on the respondent illegal. Consequently, the Court allowed the appeal by the State of Madhya Pradesh, setting aside the High Court's order that had restored the trial court's decree in favor of the respondent.

STATE OF MADHYA PRADESH vs RAM RATAN · Niyam