https://www.taxtmi.com/caselaws?id=293339 Section 240(3) of the Government of India Act, 1935 is described as a mandatory safeguard that qualifies the general pleasure power in Section 240(1), requiring a reasonable opportunity to show cause before the proposed punishment is imposed. The text explains that "the action proposed to be taken" means the stage at which the authority has reached a definite conclusion on the charges and has identified dismissal or reduction in rank as the intended penalty, distinct from the preliminary enquiry stage. It also notes that no enforceable civil action was recognised for recovery of arrears of pay in the absence of a contractual or statutory right. The discussion treats compliance with the statutory opportunity requirement as central to validity of dismissal. en-us Thu, 18 Mar 1948 00:00:00 +0530 Fri, 05 Feb 2021 11:47:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293339 Section 240(3) of the Government of India Act, 1935 is described as a mandatory safeguard that qualifies the general pleasure power in Section 240(1), requiring a reasonable opportunity to show cause before the proposed punishment is imposed. The text explains that "the action proposed to be taken" means the stage at which the authority has reached a definite conclusion on the charges and has identified dismissal or reduction in rank as the intended penalty, distinct from the preliminary enquiry stage. It also notes that no enforceable civil action was recognised for recovery of arrears of pay in the absence of a contractual or statutory right. The discussion treats compliance with the statutory opportunity requirement as central to validity of dismissal. Case-Laws Indian Laws Thu, 18 Mar 1948 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293339