Union Of India vs Ex-Constable Dilip Kumar Jha on 14 August, 2014
(vii) It cannot be the ipse dixit of the officer to decide when to invoke the
first proviso and when to invoke the second. Unless sufficient
safeguards are read into the second proviso as regards the exercise of
the powers contained therein, the entire provision will be rendered
arbitrary and violative of the Article 14 of the Constitution. Reliance
is placed on the decision in Union of India v. Dilip Kumar (2015) 4
SCC 421.