TaxTMI Login
AI Drafter ✕
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Just a moment...
AI Drafter ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether a temporary Government servant could be dismissed on charges of misconduct without being given a reasonable opportunity of showing cause, and whether a confidential enquiry conducted in his absence satisfied the constitutional requirement.
Analysis: Article 311 applies to holders of civil posts whether permanent or temporary. If the Government merely terminates a temporary appointment in terms of the contract, Article 311 is not attracted. But where the Government chooses to dismiss an employee on charges of carelessness, corruption and loss of Government money, the action is punitive and the constitutional safeguard applies. The employee must be informed of the charges with sufficient particulars and given an effective opportunity to defend himself. A secret or confidential enquiry, held without examining witnesses in the employee's presence and without supplying the report, does not amount to a reasonable opportunity. Where multiple charges and proposed punishments are involved, the employee must also have an opportunity to meet the proposed punishment.
Conclusion: The dismissal order was invalid for non-compliance with Article 311, and the Rule was made absolute.
TaxTMI 
