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Parshotam Lal Dhingra vs Union Of India on 1 November, 1957

The main point in controversy before us turns on the question whether the provisions of Art. 311(2) of the Constitution are attracted to the case of a public servant who was still a probationer and had not been confirmed in a substantive post. The question whether there had or had not been a violation of the principles of natural justice, which was the basis of the decision in the High Court as indicated above, was not raised before us. The judgment of the High Court could be allowed to rest on that basis alone, but as it appears that this Court granted special leave to determine the controversy based upon the interpretation of Art. 311(2) of the Constitution, we think it necessary to express our opinion on that part of the case. The decision of this Court in Parshotam Lal Dhingra v. Union of India 1958 (1) LLJ 544 ] had not been given till then. If that decision were in existence then, perhaps the special leave would not have been granted.
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