This Clause Shall Not Apply

This clause shall not apply, the phrase 'this clause shall not apply' in second proviso to Art. 311(2) are the keywords in the second proviso and govern each and every clause thereof. This phrase leaves no scope for any kind of opportunity to be given to a Government servant. It takes away both the right to have an enquiry held in which the Government servant would be entitled to a charge-sheet as also the right to make a representation on the proposed penalty. The phrase is mandatory and not directory, Union of India v. Tulsiram Patel, AIR 1985 SC 1416: (1985) 3 SCC 398: (1985) Supp 2 SCR 131