Supreme Court · 1963 INSC 178 · Decided 23 August 1963

Valia Peedikakkandi Kutheessa Umma and Others v. Pathakkalan Naravanath Kumhamu and Others

Court
Supreme Court of India
Citation
1963 INSC 178 · [1964] 4 S.C.R. 549
Case number
CIVIL APPEAL No. 513/1961
Decided
23 August 1963
Bench
A.K. SARKAR, M. HIDAYATULLAH, J.C. SHAH (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 311(2)

Headnote

SUPREME COURT REPORTS ' . ' . . ; . . prevents the punishing authority from taking th;it fact into consideration during the second stage of the enquiry, for essentially it, relates more to the domain of punish&shy; ment rather than to that of guilt. But what is essential is that the his previous punishments into consideration in proposing to dismiss him from service. On the contrary, the said n<r tice put him on the wrong scent, for it told him that it was proposed to dismiss him from service as the charges proved against him were grave. But, a comparison of paragraphs 3

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