STATE OF MAHARASHTRA versus BAISHANKAR AVALRAM JOSHI & ANOTHER

STATE OF MAHARASHTRA versus BAISHANKAR AVALRAM JOSHI & ANOTHER

The failure to supply a copy of the Enquiry Officer's report constitutes denial of reasonable opportunity under Article 311(2) of the Constitution. Liability to pay arrears of salary is a contractual liability under section 60 of the Bombay Reorganisation Act, 1960, not an actionable wrong under section 61.

Parties
Appellant: State of Maharashtra; Respondent No. 1: Baishankar Avalram Joshi; Respondent No. 2: State of Gujarat
Jurisdiction
India
Judgment Date
10 March 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From Gujarat High Court Decision
Outcome
appeal dismissed
Legal Topics
Reasonable Opportunity in Disciplinary Proceedings, Arrears of Salary, Apportionment of Liability After State Reorganisation
Constitutional Law Administrative Law Reasonable Opportunity in Disciplinary Proceedings Arrears of Salary Apportionment of Liability After State Reorganisation

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Parties

State of Maharashtra

Appellant

Baishankar Avalram Joshi

Respondent No. 1

State of Gujarat

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From Gujarat High Court Decision

Legal Issues

  1. 1 Whether supply of the Enquiry Officer's report is necessary for reasonable opportunity under Article 311(2) of the Constitution
  2. 2 Whether liability to pay arrears of salary falls under contract or actionable wrong in the context of the Bombay Reorganisation Act, 1960

Ratio Decidendi

The failure to supply a copy of the Enquiry Officer's report constitutes denial of reasonable opportunity under Article 311(2) of the Constitution. Liability to pay arrears of salary is a contractual liability under section 60 of the Bombay Reorganisation Act, 1960, not an actionable wrong under section 61.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to respondent Baishankar Avalram Joshi. The State of Gujarat will bear its own costs in this appeal.