Judgement

GROVER, J.: This is an appeal by special leave against a judgment of the Gujarat High Court. The sole point for determination is whether omission to supply to the first respondent a copy of the recommendations of the Enquiry officer in the matter of punishment, though 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 Article 311 (2) of the Constitution.

2. The first respondent joined the Baroda State Service in 1937. He was absorbed as a Sales Tax Officer, Class IIl in the former State of Bombay after merger. In December 1962 (Sic) 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 (Sic) he was dismissed from service. He challenged the order of dismissal by means of a civil suit. In May 1958 the City Civil Court decreed the suit holding that the order of dismissal was illegal. He was reinstated with effect from October 10, 1958. He was, however, suspended with immediate effect as a