TMI Blog1969 (4) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... in the matter of punishment, although a copy of his report containing his findings on the various charges was supplied, amounted to a failure to provide reasonable opportunity of making a representation against the penalty proposed within the meaning of Art. 311(2) of the Constitution. The first respondent joined the Baroda State Service in 1937. He was absorbed as a Sales Tax Officer, Class III in the former State of Bombay after merger. In December 1962 he was served with a charge-sheet containing allegations of attempt to obtain illegal gratification from certain cloth dealers. A departmental enquiry was held and on March 15, 1964 he was dismissed from service. He challenged the order of dismissal by means of a civil -suit. In May 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew that since the recommendations were a part of the appropriate material for the consideration of the Government in the -matter of imposition of punishment on the first respondent, he was entitled to a copy of those recommendations at the time when he was called upon to show cause. It was consequently hold that the proceedings were vitiated from the stage of the show cause notice relating to punishment. The order of removal was set aside but it was made clear that the Government would be at liberty to issue a fresh show cause notice regarding the proposed punishment and to take appropriate proceedings from that stage onwards, if it chose to do so. The State has filed the present appeal. Learned counsel for the State urged that the Enqui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if however, the Enquiry Officer makes any recommendations the said recommendations, like his findings on the merits, are intended merely to supply appropriate material for the consideration of the Government. Neither the findings, nor the recommendations are binding on the Government. Now although it is correct that the Enquiry Officer is under no obligation or duty to make any recommendations in the matter of punishment to be imposed on the servant against whom the departmental enquiry is held, and his function merely is to conduct the enquiry in accordance with law and to submit the record along with his findings or conclusions on the various charges which have been preferred against the delinquent servant. But if the Enquiry Officer proc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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