https://www.taxtmi.com/caselaws?id=291987 Termination of service on the ground of physical unfitness was treated as a dismissal attracting the protection of Section 240(3) of the Government of India Act, 1935. The employee was therefore entitled to a reasonable opportunity to show cause before the order took effect, and the safeguard was not confined to cases of misconduct. A service rule dispensing with a charge-sheet or explanation in cases of inefficiency due to lack of physical fitness could not override the statutory protection. The subordinate rule was ultra vires to the extent of inconsistency and could not validate the dismissal. en-us Tue, 07 Aug 1951 00:00:00 +0530 Thu, 03 Dec 2020 10:51:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=291987 Termination of service on the ground of physical unfitness was treated as a dismissal attracting the protection of Section 240(3) of the Government of India Act, 1935. The employee was therefore entitled to a reasonable opportunity to show cause before the order took effect, and the safeguard was not confined to cases of misconduct. A service rule dispensing with a charge-sheet or explanation in cases of inefficiency due to lack of physical fitness could not override the statutory protection. The subordinate rule was ultra vires to the extent of inconsistency and could not validate the dismissal. Case-Laws Indian Laws Tue, 07 Aug 1951 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=291987