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november 1990

Supreme Court of India · 1990-11-20

UNION OF INDIA AND ORS. vs MOHD. RAMZAN KHAN

Citation / case number
SC 1985/67096
Court
Supreme Court of India
Petitioner
UNION OF INDIA AND ORS.
Respondent
MOHD. RAMZAN KHAN
Author
RANGNATH () MISRA
Bench
RANGNATH (CJ) MISRA

Judgment text excerpt

The Supreme Court addressed the implications of the Forty-Second Amendment to Article 311(2) of the Constitution, which removed the requirement for a second notice proposing punishment. The Court held that despite this deletion, a delinquent officer is still entitled to receive a copy of the inquiry report to ensure adherence to the principles of natural justice. The Court emphasized that the right to a fair procedure remains intact, and the non-supply of the report would violate these principles, thus upholding the necessity of providing the report before imposing punishment.

UNION OF INDIA AND ORS. vs MOHD. RAMZAN KHAN · Niyam