1977 (7) TMI 119

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....s Court under Article 226 of the Constitution challenging the validity of the order of the Sub-Divisional Officer. The writ petition was dismissed by a learned single Judge of this Court on February 20, 1976. Hence this appeal. 2. Briefly, the facts are that certain complaints were made against the Appellant to the Sub-Divisional Officer regarding allotment of Gaon Sabha land. The Sub-Divisional Officer after obtaining a preliminary report from the Tehsildar issued a charge-sheet to the Appellant dated 7-12-1974 containing five charges. In the charge-sheet, it was stated that the Appellant was unfit to hold the office of Pradhan on account of charges and he was called upon to show cause as to why he should not be removed from the office.....

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....r on the state Government to remove a Pradhan from his office on the grounds mentioned in Clause (g). The proviso to Clause (g) however, lays down: (i) No action shall be taken under Clause (g)...except after giving to the body or person concerned a reasonable opportunity of showing cause against the action proposed. The proviso thus lays down that no action against a Pradhan can be taken under Clause (g) unless he is given an opportunity of showing cause against the action proposed. The expression "reasonable opportunity of showing cause against the action proposed" requires that the Pradhan be given an opportunity to deny the charges and to lead evidence in support of his case and also to cross-examine the witnesses, if any, e....

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....e enquiry and the other at the stage when the findings are recorded and provisional punishment is proposed. If any of these two opportunities are not given the reasonable opportunity of showing cause against the action proposed could not be fulfilled. 6. In Khem Chand v. Union of India AIR 1953 SC 300 the Supreme Court while considering the scope of Article 311(2) prior to the Fifteenth Amendment Act and the extent of opportunity required to be given to a Government Servant interpreted the expression "has been given a reasonable opportunity of showing cause against the action proposed to be taken against him." The Supreme Court reaffirmed the principles laid down by the Privy Council in I.M. Lall's case and held that reasonable oppor....

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....so to Section 95(1)(g) by the Amending Act No. III of 1973, it knew the extent and scope of the opportunity contemplated under the said expression. Since the proviso to Section 95(1)(g) was enacted by the legislature at a time when the extent and scope of reasonable opportunity of showing cause against the action proposed was well established by the Privy Council and Supreme Court, it must be presumed that the legislature deliberately used the said expression which indicates the legislative intent that a Pradhan should be given two opportunities before his removal. 8. We find no justifiable ground to accept Sri Budhwar's contention that in the case of Pradhan the reasonable opportunity of showing cause against the action proposed doe....