State, it is not
434
expedient to hold such enquiry Dispensing with the enquiry
in the first and third situation does not present a
difficulty ... with the enquiry - Frankly speaking, we are not
satisfied in this case that for valid, objective and
relevant reasons, the enquiry was dispensed with
time was justified or not.
3. The circumstances in which enquiry can be dispensed with now
stands explained in the guidelines forming part of Rule ... when allegations made
against an employee are based upon video footage, dispensation of
enquiry has not been found favour by the Apex Court.
29. Some
dispensing with S. 5-A there was urgency and the authority dispensing with S. 5-A there was urgency and the authority dispensing with section ... felt it necessary to direct that sec. 5-A enquiry be dispensed with. The fact that subsequently the concerned officers of the Government
qualitatively different from each other.
7. (i) Under clause (a), the enquiry is dispensed with by the force of the clause itself in the case ... dispensation of enquiry falling under the remaining two categories. Second category is one in which disciplinary enquiry itself may be dispensed with on the ground
dispense with the enquiry was not sufficient to justify the dispensation of enquiry. The disciplinary authority has acted illegally and arbitrarily in dispensing with ... relied upon by the respondent is concerned, in that case the enquiry was dispensed with Article 311(2) (b) of the Constitution of India
compliance with the provisions of the 1985 Act and whether dispensation of enquiry under Section 5-A of the Act was valid. The relevant part ... under Section 17(1) and (4) of the Act 1894 and dispensation of enquiry under Section 5-A of the Act, 1894.
20. Before
discussed therein that enquiry could
be dispensed. The present was not one such case. To dispense with an
enquiry compelling circumstances must exist. Graveness ... dispensed with.
36. Davinder Singh (supra) concerned volunteers under the Punjab Home
Guards Act . It did not deal with an order dispensing with enquiry under
taken objectively. It is submitted that
ordinarily, the procedure available for dispensing an enquiry under
Rule 153 of the said Rules ought to be invoked ... although,
holding due enquiry is the rule, however, in exceptional
circumstances, the ordinary procedure for holding an enquiry may
be dispensed with. The provision engrafted
against the applicant--this is
not a valid ground for dispensing with the enquiry. Hence, there is
clear non-application of mind.
(iv) The Disciplinary ... Constitution of India as it is trite in law
that dispensation of departmental enquiry is an
exception whereas holding of a departmental enquiry
against the applicant--this is not a valid ground for dispensing with
the enquiry. Hence, there is clear non-application of mind.
(iv) The Disciplinary ... Constitution of India
as it is trite in law that dispensation of departmental enquiry
is an exception whereas holding of a departmental enquiry
