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.