STATE OF GUJARAT versus R. G. TEREDESAI & ANR.

STATE OF GUJARAT versus R. G. TEREDESAI & ANR.

The proceedings in disciplinary enquiry are vitiated if the recommendations of the Enquiry Officer regarding punishment are not supplied to the delinquent servant. The requirement of reasonable opportunity under Article 311(2) is not satisfied unless the entire report, including recommendations, is disclosed.

Parties
Appellant: State of Gujarat; Respondent No. 1: R. G. Teredesai; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
10 April 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From Gujarat High Court Judgment Dated March 18, 1965 in Special Civil Application No. 580 of 1961
Outcome
appeal dismissed with costs
Legal Topics
Natural Justice, Disciplinary Proceedings, Reasonable Opportunity, Departmental Enquiry, Removal From Service
Constitutional Law Administrative Law Service Law Natural Justice Disciplinary Proceedings Reasonable Opportunity Departmental Enquiry Removal From Service

Case Brief

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Parties

State of Gujarat

Appellant

R. G. Teredesai

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From Gujarat High Court Judgment Dated March 18, 1965 in Special Civil Application No. 580 of 1961

Legal Issues

  1. 1 Whether omission to supply recommendations of the Enquiry Officer regarding punishment to the delinquent officer amounted to failure to provide reasonable opportunity for representation under Article 311(2) of the Constitution.

Ratio Decidendi

The proceedings in disciplinary enquiry are vitiated if the recommendations of the Enquiry Officer regarding punishment are not supplied to the delinquent servant. The requirement of reasonable opportunity under Article 311(2) is not satisfied unless the entire report, including recommendations, is disclosed.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.
  • The decision of the High Court is upheld.