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1 - 10 of 23 (0.82 seconds)Inderpreet Singh Kahlon & Ors vs State Of Punjab & Ors on 3 May, 2006
19. We had put this question to each of the learned counsel appearing on behalf of the appellants. Except stating that they could have proved that they were not responsible for manipulations and would have shown that they could have been selected even if the marks obtained on manipulations are ignored, we find no force in the aforesaid submission. Principles of natural justice cannot be applied in straight jacket formula. There were manipulations and there were plethora of materials before the respondents to come to the objective conclusion that the appellants have been benefited by it, otherwise they had failed or were not in the merit list. In view of the aforesaid factual matrix, in our opinion, no useful purpose would have been served by providing opportunity of hearing to the appellants and the appellants could not have stated anything except that they were not responsible for manipulations. Even if this aspect is considered, it would not have altered the factual matrix of the instant case that there were manipulations and the appellants were the beneficiaries of it. The marks of the candidates selected were increased by way of manipulations and the persons who were not selected their marks were decreased. Since the illegality in the instant case is with respect to the process of employment itself, applying the principle in Inderpreet Singh Kahlon and others Vs. State of Punjab & others (supra) and the decisions referred to above, we are of the considered opinion that giving of opportunity of hearing to the appellants would have been an empty formality in the instant case. In view of the objective material which was before the authority, it can not be said that the authority had acted arbitrarily and there was no material to support the decision taken by it. There were large scale manipulations in the process of selection, objective material was before the concerned authority and reasons have been assigned to dispense with the enquiry. Following reasons have been given by the authority to dispense with the enquiry:
Workmen Of Hindustan Steel Ltd And Anr vs Hindustan Steel Ltd. And Ors on 12 December, 1984
10. Now, we deem it proper to refer to the various decisions cited at the bar. Reliance has been placed on the decision of the Apex Court in the case of Workmen of Hindustan Steel Ltd. and another Vs. Hindustan Steel Ltd. and others (supra), in which it has been laid down that the authority must be satisfied for the reasons to be recorded in writing that it is not reasonably practicable to hold such an enquiry. Obviously, therefore, the reasons which would permit exercise of power must be such as would clearly spell out that the inquiry, if held, would be counter-productive. The duty to specify the reasons for the satisfaction for holding that the inquiry was not reasonably practicable cannot be dispensed with. The reasons must be germane to the issue and would be subject to a limited judicial review. It is open to the court to reject the reasons which the authority had specified if they were merely a cloak, device or a pretense to dispense with the inquiry and to impose the penalty. The Apex Court has further laid down that when the decision of the employer to dispense with the enquiry is questioned, the employer must be in a position to satisfy the court that holding of enquiry will either be counter-productive or may cause such irreparable and irreversible damage which in the facts and circumstances of the case need not be suffered.
The Central Reserve Police Force Act, 1949
Union Of India And Another vs Tulsiram Patel And Others on 11 July, 1985
In Union of India and another Vs. Tulsiram Patel (supra), the Apex Court considered the words used in Article 311(2) of the Constitution of India which are 'not reasonably practicable' and not impracticable. After considering the meaning of the respective words, the Apex Court has observed, 'thus, whether it was practicable to hold the inquiry or not must be judged in the context of whether it was reasonably practicable to do so. It is not a total or absolute impracticability which is required by clause (b). What is requisite is that the holding of the inquiry is not practicable in the opinion of a reasonable man taking a reasonable view of the prevailing situation'. The Apex Court has laid down thus:
Tarsem Singh vs State Of Punjab And Others on 5 December, 2008
In Tarsem Singh Vs. State of Punjab & others (supra), the Apex Court considered the question of dispensing with the inquiry. In the aforesaid case, no case was found against Tarsem Singh, in the investigation done by the police with respect to the FIR lodged against him under section 377/34 IPC where a formal inquiry was dispensed with, as the appellant could have won over the aggrieved person as well as the witnesses from giving evidence, by threatening and other means. No material had been placed or disclosed either in the said order or before the court to show that subjective satisfaction arrived at by the statutory authority was based upon objective criteria. The purported reason for dispensing with the departmental proceedings is not supported by any document. The Apex Court laid down thus:
Southern Railway Officers Assn.& Anr vs Union Of India & Ors on 4 August, 2009
In Southern Railway Officers Association and another Vs. Union of India and others (supra), the Apex court has considered the second proviso appended to Article 311 and has observed that recording of reasons provides adequate protection and safeguard to the employee concerned. The decision should not be arbitrary and it must be based on some objectivity. The Apex Court referred to various other decisions.
Kamal Nayan Mishra vs State Of M.P. & Ors on 7 December, 2009
In Kamal Nayan Mishra Vs. State of Madhya Pradesh and others (supra), the Apex Court considered the applicability of Article 311(2). In that case a decision was taken to dispense with the inquiry after 22 years of appointment on the basis of wrong information furnished in the attestation form. Thus, the decision of dispensing with the inquiry was set aside as it was open to the appellant to show in defence what led him to furnish the information in the attestation form. The Apex Court has discussed the question thus: