Government Servant-Disciplinary proceedings-Enquiry Show-cause notice under Art. 311(2) of the Constitution -Consultation of Public Service Commission-Whether mandatory-Constitution of India, Arts. 311(2), 320(3)(c)

The respondent was an. employee under the appellant, the ' State of Uttar Pradesh, and as it was discovered that he had allowed his private interests to come in conflict with his public duties, a departmental inquiry was held wherein charges were framed against him. He was called upon to submit his written statement of defence and given an opportunity to adduce evidence in support of it. After considering the report of the enquiry, in which the charges were found to be true, the appellant called upon the respondent, under Art. 311(2) of the Constitution of India, to show cause why he should not be demoted and compulsorily retired, and the respondent submitted a written explanation setting out his defence and objecting to the procedure adopted at the inquiry. Subsequently, the respondent was given a copy of the report and again called upon to show cause why the proposed penalty of reduction in rank should not be imposed upon him, and he once again submitted a written explanation. In the meantime the State Public Service Commission was consulted by the Government as to the punishment proposed to be imposed, and for this purpose it was supplied with all the relevant material up to the date of the second show-cause notice. The Government finally by an order dated September 12, 1953, inter alia, reduced the rank of the respondent with effect from August 2, 1952, and thereupon, the respondent filed petitions under Art. 226 of the Constitution before the High court challenging the legality of the Government order. The High Court found that though the State Public Service Commission was consulted by the Government it was not supplied with the written explanation submitted by the respondent in answer to the second show-cause notice, and held that the order of the Government was invalid for the reason that the provision of Art. 320(3)(c) of the Constitution had not been fully complied with. On appeal to the Supreme Court additional evidence was sought to be adduced on behalf of the appellant to show that as a matter of fact the State Public Service Commission was consulted even after the submission of the respondent's explanation in answer to the second show-cause notice, but it was found that there was sufficient opportunity for the appellant to place all the relevant materials, before the High Court itself: