KHEM CHAND versus THE UNION OF INDIA AND OTHERS

KHEM CHAND versus THE UNION OF INDIA AND OTHERS

Article 311(2) requires an opportunity for the government servant to show cause not only at the inquiry stage but specifically after the inquiry and before the competent authority makes a final order of dismissal or other punishment. Failure to provide such a post-inquiry opportunity renders any order of dismissal void and inoperative.

Parties
Appellant: Khem Chand; Respondents: The Union of India and Others
Jurisdiction
India
Judgment Date
13 December 1957
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Decree of Punjab High Court
Outcome
Appeal allowed
Legal Topics
Reasonable Opportunity to Show Cause, Dismissal of Government Servant, Constitutional Protection Under Article 311(2), Disciplinary Procedure
Constitutional Law Administrative Law Service Law Reasonable Opportunity to Show Cause Dismissal of Government Servant Constitutional Protection Under Article 311(2) Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Khem Chand

Appellant

The Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Decree of Punjab High Court

Legal Issues

  1. 1 Whether Article 311(2) of the Constitution requires a government servant to be given a second notice/opportunity to show cause after the inquiry but before imposition of punishment of dismissal.
  2. 2 Whether there was compliance with Article 311(2) in this case.

Ratio Decidendi

Article 311(2) requires an opportunity for the government servant to show cause not only at the inquiry stage but specifically after the inquiry and before the competent authority makes a final order of dismissal or other punishment. Failure to provide such a post-inquiry opportunity renders any order of dismissal void and inoperative.

Court Disposition

Appeal allowed

Orders

  • Order of the Single Judge of Punjab High Court set aside.
  • Decree of the subordinate judge, Delhi, declaring that the dismissal of the appellant was void and that he remained in service, restored.