Judgement

M. M. DUTT, J.:- The Special Leave Petition filed by the appellants was heard upon notice to the respondent, who appeared before us in person. As arguments have been made by both sides at the hearing of the Special Leave Petition, we proceed to dispose of the appeal after granting such leave.

2. The only question that is involved in this appeal is whether it is necessary to give a second show cause notice against the punishment before the same was imposed on the respondent and to furnish him with a copy of the report of Inquiry Officer in view of the amendment of Cl. (2) of Art. 311 of the Constitution of India by the Constitution (Forty-Second Amendment) Act, 1976 and the consequential change brought about in Rule 15(4) of the Central Civil Services (Classification, Control and Appeal) Rules. 1965 Indeed, the notice of the Special Leave Petition that was served on the respondent was confined only to the said question.

3. The respondent, K. S. Mahalingam. was the Examiner of Madras Customs House. While he was acting in that capacity, a charge sheet was served on him containing two articles of charge alleging misconduct involving lack of integrity and lack of devotion to duty