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Issues Involved:
1. Validity of the dismissal order. 2. Procedural compliance in the departmental enquiry. 3. Authority of the Chief Secretary to dismiss the respondent. 4. Compliance with natural justice principles. 5. Validity of the enquiry officer's findings. Issue-wise Detailed Analysis: 1. Validity of the dismissal order: The High Court reversed the trial court's decree on grounds including the respondent being appointed by the Governor and not dismissible by the Chief Secretary, non-conformity of the dismissal order to legal requirements, and the Premier's non-approval of the dismissal. The Supreme Court disagreed, noting the lack of pleadings or evidence supporting the claim that the respondent was appointed by the Governor. The Court emphasized that the provisions of Article 166(1)(2) are directory and substantial compliance is sufficient. The impugned order, made in the name of the State Government and signed by the Chief Secretary, was deemed valid. 2. Procedural compliance in the departmental enquiry: The trial court found no serious irregularities in the enquiry, holding that specific charges were served, reasonable time was given for a written statement, and the oral enquiry was conducted in the respondent's presence. The High Court, however, identified several procedural lapses, including the lack of a finding on the fourth charge, the absence of proof that Mr. Bishop was appointed by a competent authority, and the failure to supply the respondent with a copy of the enquiry report. The Supreme Court found these lapses either unsubstantial or adequately addressed, noting that the respondent had been given a summary of the report and had the opportunity to request a copy. 3. Authority of the Chief Secretary to dismiss the respondent: The Supreme Court rejected the High Court's conclusion that the Chief Secretary, being an authority lower in rank than the Governor, could not dismiss the respondent. This contention was not raised in the plaint or at the trial court, and no evidence was presented to show the respondent was appointed by the Governor. The Court held that under Section 241 of the Government of India Act, 1935, appointments could be made by the Governor or his designee, and there was no basis to conclude the respondent was appointed by the Governor. 4. Compliance with natural justice principles: The Supreme Court affirmed that the requirements of reasonable opportunity under Section 240 of the Government of India Act, 1935, were substantially complied with. The respondent was informed of the charges, given the opportunity to cross-examine witnesses, and allowed to show cause against the proposed punishment. The Court noted that principles of natural justice are not rigid and must be applied contextually. The respondent's own admissions substantiated the first charge, and any minor procedural irregularities did not vitiate the enquiry. 5. Validity of the enquiry officer's findings: The Supreme Court agreed with the trial court that the first charge was conclusively established based on the respondent's admissions. The Court dismissed the High Court's view that the enquiry was vitiated due to the lack of a finding on the fourth charge, noting that the fourth charge was not independent but contingent on the first three charges. The Court also dismissed allegations of bias against Mr. Bishop and procedural unfairness, finding them unsubstantiated and trivial. Conclusion: The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the trial court's decree dismissing the respondent's suit. The respondent was ordered to pay costs and court fees.
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