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The 42nd amendment to the constitution of India was enacted during the emergency. Most parts of the constitution inclusive of the preamble and amending clause were modified. Some new articles and sections were introduced. The Supreme Court decidedthat there is no requirement to inform a delinquent civil service officer about the prospective punishment, keeping in mind the 42nd constitutional amendment.
In State Bank of India vs. Muhammad Badruddin, the High court of Jharkhand held that a civil servant under trail has to be informed if past punishment is taken into consideration.A civil servant was given the punishment of reversion, i.e., demoted as junior manager in the lowest grade. In this case, the High Court intervened with the sentence because a previous punishment given to an officer was taken into account while deciding the sentence but the fact that a previous punishment was considered, was not informed to the civil servant. The court held that a civil servant had to be made aware, if at all previous punishments are taken into account.
Before the 42nd constitutional amendment, article 311 provided that an opportunity was to be given to submit an objection to the proposed punishment. When this case, i.e. State bank of India vs. Muhammad Badruddinwent for appeal in the Supreme Court, the court after referring to the constitution bench judgement in B.Karunakaran held that it was not mandatory to show cause against the proposed punishment to a delinquent civil servant.
The Supreme Court further held as follows:
“Requirement of second show cause notice of proposed punishment has been dispensed with. The mandate now is only to apprise the delinquent of the Inquiry Officer’s report. There is no necessity of communicating proposed punishment which was specifically contemplated by clause (2) of article 311 prior to the 42nd amendment.”
“The previous punishments could not be subject matter of the charge sheet as it beyond the scope of inquiry to be conducted by Inquiry Officer as such punishments have attained finality in the proceedings. The requirement of second show cause stands specifically omitted by the 42nd amendment. Therefore, only requirement now is to send a copy of inquiry report to the delinquent to meet the principle of natural justice being the adverse material against the delinquent. There is no mandatory requirement of communicating the proposed punishment. Therefore, there cannot be any bar to take into consideration previous punishments in the constitutional scheme as interpreted by this Court. Thus, non-communication of the previous punishments in the show cause notice will not vitiate the punishment imposed.”
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