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1 - 10 of 19 (0.36 seconds)Section 471 in The Indian Penal Code, 1860 [Entire Act]
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Article 311 in Constitution of India [Constitution]
Section 182 in The Indian Penal Code, 1860 [Entire Act]
Union Of India And Another vs Tulsiram Patel And Others on 11 July, 1985
Clause (b) of the second proviso to Article 311(2) can be invoked only when the authority is satisfied from the material placed before him that it is not reasonably practicable to hold a departmental enquiry. This is clear from the following observation at page 270 of Tulsiram case: (SCC p.504, para 130)
A disciplinary authority is not expected to dispense with a disciplinary inquiry lightly or arbitrarily or out of ulterior motives or merely in order to avoid the holding of an inquiry or because the department's case against the government servant is weak and must fail.
The decision to dispense with the departmental enquiry cannot, therefore, be rested solely on the ipse dixit of the concerned authority. When the satisfaction of the concerned authority is questioned in a court of law, it is incumbent on those who support the order to show that the satisfaction is based on certain objective facts and is not the outcome of the whim or caprice of the concerned officer.