VIGILANCE MANUAL VOLUME III - AP Online

228 DECISION - 25
service. You should also state in your reply whether you wish to be
heard in person or whether you will produce defence. The reply
should reach the Assistant Registrar Co-operative Societies, Delhi
within ten days from the receipt of the charge-sheet.”
The appellant attended two sittings before the Inquiry Officer
and then applied to the Deputy Commissioner to entrust the enquiry
to some Gazetted Officer under him. The request was rejected. The
appellant did not attend any further sitting before the Inquiry Officer.
At this stage, the delinquent was involved in a criminal case under
section 307 of Penal Code, but was eventually discharged from the
criminal charge. After some time the delinquent official was served
with a notice that he should appear before the A.D.M. in connection
with the departmental inquiry pending against him. Pursuant to the
notice, he appeared before the A.D.M. While submitting his report,
the A.D.M. suggested that he should be dismissed from service. The
Deputy Commissioner, who was the disciplinary authority, agreed
with the suggestion and a formal order was issued accordingly. The
appellant appealed to the Chief Commissioner but his appeal was
dismissed. The appellant thereafter filed a suit complaining that Art.
311(2) of Constitution had not been complied with. The suit was
decreed by the Subordinate Judge, declaring that the dismissal was
void and inoperative. The Union of India preferred an appeal against
the above judgment but the appeal was dismissed by the Senior
Subordinate Judge. A second appeal was filed by the State and the
single Judge of the Punjab High Court held that there had been a
substantial compliance with the provisions of Art. 311 and accordingly
accepted the appeal and set aside the decree of the Court below.
The officer appealed to the Supreme Court.
The Supreme Court held that the language of Art. 311 is
prohibitory in form and is inconsistent with its being merely permissive
and as such this article is proviso to Art. 310 which provides that
every person falling within it holds office during the pleasure of the
President. Reasonable opportunity envisaged in Art. 311 includes:
(a) an opportunity to deny his guilt and establish his innocence, which
he can only do if he is told what the charges leveled against him and