SECRETARY, CENTRAL BOARD OF EXCISEAND CUSTOMS & ORS. vs K.S. MAHALINGAM

The Supreme Court set aside the Division Bench's judgment and remanded the case for a merits hearing, emphasizing that the Division Bench did not consider the Single Judge's ruling. The Court clarified that under the amended Article 311(2) of the Constitution, a government servant is not entitled to a second opportunity to contest the penalty imposed, as the requirement for representation has been removed. The Court upheld that the respondent was given a fair opportunity during the inquiry process, thus affirming the dismissal order.