K P JOSEPH Vs. STATE

JUDGEMENT

(1.) The last of the orders of the Government regarding the petitioner is Order No. D. Dis. 8643/54/Fd. D., dated the 12th September 1955 (Ext. H), which reads as follows:-

(2.) Under Art.311(2) of the Constitution the petitioner cannot be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. As pointed out in Basus Annotated Constitution of India (p. 357 ):

(3.) I need hardly say that any further action that the Government propose to take in the matter should be taken as expeditiously as possible in view of the long period in which the petitioner has been under suspension, and that it should be after adequate opportunities are given to him to present his case against the action proposed. In the view I have taken it is unnecessary for me to consider the other arguments advanced by counsel appearing on behalf of the petitioner and they are not considered in this judgment.