Reasonable Opportunity - Definition - Law Dictionary Home Dictionary Definition reasonable-opportunity

Definition :

Reasonable opportunity, the broad test of 'reason-able opportunity' is, whether in the given case, the show cause notice issued to the delinquent servant contained or was accompanied by so much information as was necessary to enable him to clear himself of the guilt, if possible, even at that stage, or, in the alternative, to show that the penalty proposed was much too, harsh and disproportion-ate to the nature of the charge established against him, Uttar Pradesh Government v. Sabir Hussain, AIR 1975 SC 2045 (2048): (1975) 4 SCC 703: (1975) Supp SCR 354. [Government of India Act, 1935, s. 240(3)]

The reasonable opportunity envisaged by Article 311(2) of the Constitution of India, 1950, includes: (a) an opportunity to deny his guilt and establish his innocence, which he can only do if he is told what the charges leveled against him are and the allegations on which such charges are based; (b) an opportunity to defend himself by cross-examining the witnesses produced against him and by exam-ining himself and his witnesses in support of his defence; and (c) an opportunity to make his representation as to why the proposed punishment should not be inflicted on him, Khem Chand v. Union of India, AIR 1958 SC 300.

Reasonable opportunity of being heard involves two elements namely an opportunity to be heard must be given; and that this opportunity must be reason-able. Both these matters are justiciable and the Court is to decide whether an opportunity was given and whether that opportunity was reason-able, Fedco (P) Ltd. v. S.N. Bilgrami, AIR 1960 SC 415 (418): (1980) 2 SCR 408.

By the Constitution, an opportunity of showing cause against the action proposed to be taken against a public servant is guaranteed and that opportunity must be a reasonable opportunity. Whether opportunity afforded to a public servant in a particular case is reasonable must depend upon the circumstances of that case, S. Kapur Singh v. Union of India, AIR 1960 SC 493 (500): (1960) 2 SCR 569. (Constitution of India, Art. 311)