AIR 1964 SUPREME COURT 364 ::1964 9 FacLR 161 ::1964 (1) LabLJ 38 ::1963-64 25 FJR 159 ::1964 66 Pun LR 305 ::1964 4 SCR 718 ::1964 (1) SCWR 28

Supreme Court Of India

(From : Punjab)*

Hon'ble Judge(s): P. B. Gajendragadkar, K. Subba Rao, K. N. Wanchoo, N. Rajagopala Ayyangar, J. R. Mudholkar , JJJ

(A) Constitution of India , Art.311(1), Art.311(2), Art.309— Departmental enquiry - Findings of facts recorded by enquiry officer not binding on Government - Government competent to differ from such conclusion - Action based on such contrary view resulting in dismissal of the Government servant does not contravene Art. 311. Civil Services (Classification, Control and Appeal) Rules (1930) , R.55— Findings of facts recorded by an enquiry officer entrusted with the work of holding a departmental enquiry into misconduct of a Government servant under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules are not binding on the Government. The Government is competent to take a different view on evidence adduced against the Government servant and proceed on the basis that the conclusions of fact recorded by the enquiry officer were unsound and erroneous. Consequently where the enquiry officer has made a report in favour of the Government servant but the Government taking a contrary view issues a second notice which subsequently results in the dismissal of the Government servant, the action of the Government cannot be said to be in contravention of the constitutional safeguards afforded by Art. 311 (1) and (2) of the Constitution. (Scope and effect of Art. 311 and S. 240 of the Government of India Act, 1935 considered). ....