Law: Government of India Act, 1935

Section: 240

Government of India Act, 1935, S. 240 (3)-Show-cause notice to Government servant-Grounds to be communicated only where copy of Enquiry Officer's report does not accompany notice.   When a show-cause notice is served on an accused officer he should also be informed of the grounds in support only in a case when a bare show-cause notice is issued and it not accompanied by the report of the Enquiry Officer.   Where the entire report of the Special Enquiry Officer was despatched to the officer along with the show-cause notice it did not lie in his mouth to say that he was ignorant of the grounds of his contemplated dismissal before he submitted his explanation. JUDGMENT   HABIBULLAH KHAN, J.-This is a writ petition filed under Article 170 of the Constitution by an Ex. D. S. P. Mr. C. Samuels challenging the order of the Provincial Government where any he has been dismissed from service.   The brief facts of the case relevant for the purpose of the petition are, that the petitioner was serving in the Scientific. Branch of the C.I.D. of the former North-West Frontier Province in the capacity of a Deputy Superintendent of Police, when he was suspended from service on the 1st of October, 1951, on miscellaneous charges of misconduct. An enquiry into the allegations against him was conducted, and he was' ultimately prosecuted in a Court of law on a few out of many charges He was acquitted. Later another few out of the remaining charges were selected and Mr. A. M. K. Mazari, Assistant Commissioner Nowshera was appointed a Special Enquiry Officer under the Public Enquiry Act to conduct enquiry against him. The Enquiry Officer after completing his enquiry submitted his report to the Provincial Government, holding him guilt' of the charges. On the 2nd December, 1954, the Home Secretary on behalf of the Provincial Government issued a notice to the petitioner to show-cause, as to why he should not be dismissed from service. The show-cause notice reads as follows :-   " A copy of the report of the Special Enquiry Officer is sent herewith and you are called upon to show cause within 15 days of the receipt of this notice, why you should…