STATE OF MYSORE versus K. MANCHE GOWDA

STATE OF MYSORE versus K. MANCHE GOWDA

A show cause notice proposing dismissal must include all grounds relied upon by the authority, including previous punishments or record, to ensure reasonable opportunity under Article 311(2); omission constitutes violation, warranting quashing of the dismissal order.

Source-derived case information.

Parties
Appellant: State of Mysore; Respondent: K. Manche Gowda
Jurisdiction
India
Judgment Date
22 August 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Mysore High Court in Writ Petition No. 916 of 1959
Outcome
Appeal dismissed
Legal Topics
Civil Servant Dismissal, Departmental Enquiry, Reasonable Opportunity, Show Cause Notice
Administrative Law Constitutional Law Employment Law Civil Servant Dismissal Departmental Enquiry Reasonable Opportunity Show Cause Notice

Source-derived case record

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Parties

State of Mysore

Appellant

K. Manche Gowda

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Mysore High Court in Writ Petition No. 916 of 1959

Legal Issues

  1. 1 Whether it is incumbent upon the Government to include previous punishments or bad record in the second show cause notice for dismissal under Article 311(2) of the Constitution
  2. 2 Whether failure to disclose grounds for punishment in the show cause notice amounts to violation of reasonable opportunity

Ratio Decidendi

A show cause notice proposing dismissal must include all grounds relied upon by the authority, including previous punishments or record, to ensure reasonable opportunity under Article 311(2); omission constitutes violation, warranting quashing of the dismissal order.

Court Disposition

Appeal dismissed

Orders

  • Order of dismissal quashed. Government may hold the second stage of enquiry afresh in accordance with law. Costs awarded to respondent.