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1 - 10 of 21 (0.64 seconds)Article 12 in Constitution of India [Constitution]
Article 13 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Section 14 in The Specific Relief Act, 1963 [Entire Act]
Western India Automobile Association vs The Industrial Tribunal on 30 March, 1949
He also drew our attention to Western
India Automobile Association v. Industrial Tribunal, Bombay
and Ors. Where a Constitution Bench of this Court has
observed as under:
Dr. S. B. Dutt vs University Of Delhi on 3 September, 1958
Reference was also made to Dr. S.B. Dutt v. University of
Delhi wherein it was held that an arbitrator appointed by
the parties and functioning under the Arbitration Act, 1940
cannot by his award enforce a contract of personal service
in contravention of the provisions of the Specific Relief
Act and this discloses an error apparent on the face of the
award. But neither Sec. 14 nor the aforementioned two
decisions can render any assistance to the respondent
because it is well-settled that in the matter of public
employment if the termina-
Madhya Pradesh Industries Ltd vs Union Of India And Others on 16 August, 1965
Mr. Ramamurthi on behalf of the appellant further
contended that the order of removal from service is void as
it is passed in violation of the principles of natural
justice and at any rate an order imposing penalty by a
quasi-judicial tribunal must be supported by reasons in
support of its conclusions. It was urged that duty to give
reasons would permit the court hearing a petition for a writ
of certiorari to ex facie ascertain whether there is any
error apparent on the record.) It was conceded that for the
present submission adequacy or sufficiency of reasons is not
questioned. What is contended is that the inquiry officer
has merely recorded his ipse dixit and no reasons are
assigned in support of the findings. The mental process is
conspicuously silent. A speaking order will at its best be
reasonable and at its worst be at least a plausible one
(M.P. Industries Ltd. v. Union of India & Others). What
prevents the authority authorised to impose penalty from
giving reasons ? If reasons for an order are given, there
will be less scope for arbitrary or partial exercise of
power and the orders ex facie will indicate whether
extraneous circumstances were taken into consideration by
authority passing the order.
A. Vedachala Mudaliar vs The State Of Madras Represented By The ... on 14 August, 1951
This view in Vedachala Mudaliar
v. State of Madras was approved by this Court in Bhagat Raja
v. Union of India and Others. As pointed out earlier, the
findings of the inquiry officer are merely his ipse dixit.
No reasons are assigned for reaching the finding and while
recapitulating evidence self-contradictory position were
adopted that either there was no misconduct or there was
some misconduct or double punishment was already imposed.
Rule 27 (19) casts an obligation upon the inquiry officer at
the conclusion of the inquiry to prepare a report which must
inter alia include the findings on each article of charge
and the reasons therefor. The report is prepared in
contravention of the aforementioned rule.