Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Misconduct - Dismissal - Respondent, First Secretary in Indian Embassy at China, was allegedly found involved in unauthorized and undesirable liaison with foreign nationals of the host country - Appellant-authority, by exercising powers under clause(c) of the second proviso to Article 311 (2) of the Constitution, dispensed with enquiry into the conduct of the respondent and dismissed him from service - Respondent challenged the order - Tribunal directed re- consideration of the punishment - Appellant-authority maintained the dismissal order - Respondent again filed application before the Tribunal, which was dismissed - Respondent filed writ petition - High Court set aside the second order of appellant-authority on ground that it was not a reasoned order and directed the appellants to pass fresh order with reasons for imposing penalty of dismissal - Justification of - Held: Not justified - The reasons contained in the records establish that in the facts of this case holding of an enquiry was rightly dispensed with, in the interest of security of the country - A very high level committee, on basis of materials available on record, prima facie came to the conclusion that action could be taken for dismissal of respondent - The charges against the respondent being very serious and also in view of the fact that the respondent was working in a very sensitive post, it cannot be said to be a case of disproportionate punishment to the offence alleged - The power to be exercised under clauses (a), (b) and (c) of the Second proviso to Article 311 (2), being special and extraordinary powers conferred by the Constitution; there was no obligation on the part of the disciplinary authority to communicate the reasons for imposing the penalty of dismissal and not any other penalty - If in terms of the mandate of the Constitution, the communication of the charge and holding of an enquiry could be dispensed with, in view of the interest involving security of the State, there is equally for the same reasons no necessity of communicating the reasons for arriving at the satisfaction as to why the extreme penalty of dismissal is imposed on the delinquent officer - Order passed by the High Court is therefore set aside and the order passed by the Tribunal is restored - Constitution of India, 1950 - Art.311(2), sub-clause(c) of second proviso. Constitution of India, 1950 - Article 311 - Exercise of power under - Ambit and scope of - Discussed.Doctrines - Doctrine of 'pleasure" - Recognition of, under the Indian Constitution by way of Article 310 - Held: Under the aforesaid provision, all civil posts under the Government are held at the pleasure of the Government under which they are held and are terminable at its will - But the same is subject to other provisions of the Constitution which include the restrictions imposed by Article 310(2) and Article 311(1) and Article 311 (2). |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2011 INSC 241 |
Petitioner | Union Of India And Anr. |
Respondent | M.m. Sharma |
SCR | [2011] 6 S.C.R. 18 |
Judgement Date | 2011-01-30 |
Case Number | 2797 |
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