JUDGMENT : The only point involved in this second appeal is whether reasonable opportunity to be given to a Government Servant under Article 311 (2) of the Constitution in a Departmental Inquiry includes a right of personal hearing at the stage of appeal.

2. The respondent had joined the Police Department on 18th of April 1945 and, at the relevant date, he was working as a Police Head Constable. He was charged with criminal trespass into the compound of the P. S. I. Dohad (Rural) on the night between the 25th and 26th of November 1959. Thereafter a preliminary inquiry was held and subsequently a departmental inquiry was held as a result of which the plaintiff was dismissed from service by the Order of the D. S. P. dated 22nd of July 1960. The respondent then filed an appeal before the D. I. G. and it is the case of the respondent that he had requested the D. I. G. to give a personal hearing to him but that request was rejected by the D. I. G. and the appeal was dismissed on the 31st of December 1960. The plaintiff then approached the Inspector General of Police by filing a revision application which was also dismissed. He then approached the Government of Gujarat with another revi

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