Judgment

GAJENDRAGADKAR, J. : This appeal by special leave raises a short question about the scope and effect of the provisions contained in Art. 311 (2) of the Constitution. The said question arises in this way. The respondent Bimal Kumar Pandit was serving appellant No. 1, the State of Assam, as an Extra-Assistant Commissioner, Shillong. on December 11, 1959, the second appellant, the Chief Secretary to the Government of Assam, served on the respondent a charge-sheet containing eleven specific charges and called upon him to show cause why he should not be dismissed from service or otherwise Punished under R. 55 of the Civil Services (Classification, Control and Appeal) rules read with Art. 311 of the Constitution. The said notice further informed the respondent that the Governor of Assam had been pleased to authorise the Commissioner of Plains Division, Assam, to conduct the enquiry and to report to appellant No. 2. On January 13,1960 the respondent submitted an elaborate explanation in respect of all the charges. The Commissioner of Plains Division. Assam, then proceeded to hold an enquiry and after considering the evidence adduced before him, he made the report on the 12th April