Judgement

RAY. C. J. :- This appeal by certificate turns on the question as to whether the State gave the respondent a reasonable opportunity as contemplated by Article 311 of the constitution.

2. The respondent was a Sub-Divisional Officer. The State ordered a departmental enquiry against the respondent.

3. The respondent filed a suit for a declaration that the dismissal of the respondent was illegal. One of the grounds challenging the order of the dismissal was that copies of statements recorded by the police in the course of investigation of the witnesses proposed to be examined at the departmental enquiry were not supplied by the State to the respondent in spite of the request in that behalf.

4. The trial Court found that copies of the statements of the witnesses as recorded by the Vigilance Department during the preliminary enquiry were not supplied to the respondent but only the synopsis was given. The trial Court, therefore held that no reasonable opportunity was given to the respondent.

5. The High Court upheld the decision.

6. The State contended that the respondent was not entitled to get copies of statements. The reasoning of the State was that the respondent was given the opp