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1 - 4 of 4 (0.32 seconds)State Of Bihar vs Gopi Kishore Prasad on 25 November, 1959
It is true that in that case the Court was dealing with the
case of a public servant on probation whereas the appellant
was a temporary employee, but, in principle, it will make no
difference whether the appellant was a probationer or a
temporary employee. The appellant had been served with a
charge sheet that he. had received illegal gratification
from one person and had demanded illegal gratification from
another. The appellant was given an opportunity to make his
defence and it appears that witnesses in support of the
charge and in defence were examined before the Settlement
Officer. The Settlement Officer reported that on the
evidence he was satisfied that the appellant had received
Rs. 150/- as illegal gratification and that the appellant
did not ,enjoy good reputation and was a person of doubtful
integrity". It is now well-settled that the protection of
Art. 311 (2) of the Constitution applies as much to a
temporary public
(1) A.I.R. 1960 S.C. 689,
720
servant as to permanent public servants. By virtue of Art.
311 of the Constitution the appellant was not liable to be
dismissed or removed from service until he had been
given reasonable opportunity against the action proposed to
be taken in regard to him. The appellant was given no such
opportunity and Art. 311 of the Constitution was therefore
not complied with.
The State Of Orissa And Another vs Ram Narayan Das on 8 September, 1960
punitive action including dismissal or removal from service
if the appellant was found to have committed the
misdemeanour charged against him. Such an enquiry and order
consequent upon the report made in the enquiry will not fall
within the principle of Ram Narayan Das's case
The appeal is therefore allowed and the order passed by the
High Court is set aside and the order passed by Mr. Justice
Bishan Narain is restored with costs in this Court and the
High Court.
Article 226 in Constitution of India [Constitution]
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