Right to inquiry before dismissal secures notice, hearing and representation, subject to exceptions for conviction, impracticability and security. The amendment mandates a right to an inquiry before dismissal, removal or reduction in rank: notice of charges, a reasonable opportunity to be heard, and a chance to make representations on any proposed penalty limited to evidence adduced at the inquiry. It establishes exceptions where there has been a criminal conviction, where the authority records that an inquiry is not reasonably practicable, and where the President or Governor considers inquiry inimical to State security, and it makes final the authority's decision on practicability.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Right to inquiry before dismissal secures notice, hearing and representation, subject to exceptions for conviction, impracticability and security.
The amendment mandates a right to an inquiry before dismissal, removal or reduction in rank: notice of charges, a reasonable opportunity to be heard, and a chance to make representations on any proposed penalty limited to evidence adduced at the inquiry. It establishes exceptions where there has been a criminal conviction, where the authority records that an inquiry is not reasonably practicable, and where the President or Governor considers inquiry inimical to State security, and it makes final the authority's decision on practicability.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.