2013 LAB. I. C. 2296 ::2013 (1) ADR 601 ::(2013) 200 DLT 72 ::(2013) 138 FacLR 419

Delhi High Court

Hon'ble Judge(s): Pradeep Nandrajog, Pratibha Rani , JJ

( A ) Constitution of India Art. 311 (2) (as amended by Constitution (Forty-Second Amendment) Act, 1976) — Disciplinary proceedings — Opportunity of hearing — By way of amendment to Art. 311(2) by Constitution (42nd) Amendment Act, 1976, requirement of giving notice to Government servant after conclusion of inquiry apprising him of penalty to be imposed was done away with — Only requirement now is to supply delinquent copy of report of Inquiry Officer for his response.Article 311(2) as amended by the Constitution (Forty-Second Amendment) Act, 1976, the requirement of giving an opportunity to the Government servant of making a representation against the penalty proposed to be imposed upon him was done away with. In other words, the requirement of giving notice to the Government servant after conclusion of the enquiry apprising him of the penalty proposed to be inflicted upon him was done away with. The only requirement was to supply him with him a copy of the report of the Inquiry Officer for his response. AIR 1964 SC 506, Disting. AIR 2008 SC 375, Foll. (Paras18 19 2023)Article 311(2) as amended by the Constitution (Forty-Second Amendment) Act, 1976, the requirement of giving an opportunity to the Government servant of making a representation against the penalty proposed to be imposed upon him was done away with. In other words, the requirement of giving notice to the Government servant after conclusion of the enquiry apprisin....