LAWS(GAU)-1999-3-4

ABUJAM AMUBA SINGH Vs. STATE OF MANIPUR

Decided On March 24, 1999
ABUJAMAMUBA SINGH Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) This writ application has been filed by an employee who was dismissed from service. The order of dismissal is at Annexure-A/4 and that is quoted below :

(2.) From the order it will be seen that the authority took into consideration his past conduct, but that was not told to the employee whem the second show cause notice was issued. It is the requirement of law that when the authority wants to take into account the past conduct of the employee, he must be notified for it. If any authority is required for this pioposition, one may have a look at AIR 1964 SC 506(The State of Mysore V.K. ManChe Gowda) where the Supreme Court in para 7 the law has been laid down as follows:

(3.) The next submission of Mr. N. Kotishwor, learned counsel for petitioner is that this enquiry was absolutely a perfunctory one inasmuch as the petitioner was not given his defence assistant as required under the law. The petitioner herein read upto Class VII and was only a constable and he belongs to the lower rank in the service and such an assistance is to be given to him, and that has been consistently held by the court. If any authority is required for this proposition, one may have a look at (1996) 2 GLR 343 ,(Phanindra Nath Sarma v. Union of India through the General Manager, NF Railway >&four ors.) wherein para 12 the court held as follows: