passed by Senior Superintendent of Police, Ludhiana, after
dispensing with the enquiry under Article 311(2)(b) of the Constitution of
India. In the said ... cannot be dispensed with solely on the ipse dixit of
the concerned authority. Subjective satisfaction for dispensing with the
enquiry not supported by any independent
August, 2006 dismissing the respondent from the
service, after dispensing with the enquiry under Article 311 (2)(b) of the
Constitution of India and also ... have noticed hereinbefore that the formal enquiry
was dispensed with only on the ground that the
appellant could win over aggrieved people as well
invoking urgency clause under Section 17 (4) of the Act, dispensing with enquiry under Section 5-A of the Act. Similar orders were passed ... Section 17 itself, for exercise of the exceptional power in dispensing with enquiry under Section 5A. Exceptional the power, the more circumspect the government must
invocation of the urgency
provision under Section 17 (1) and dispensing with the enquiry under
Section 17 (4) would be an arbitrary exercise of power ... under Section
17(1) and Section 17(4) of the Act, dispensing
with enquiry under Section 5A of the Act, and
that the State Government
urgency or unforeseen emergency under Sections 17(1) and (2), the dispensation of enquiry under Section 5-A becomes automatic. Sub-section (4) of Section ... also to form an opinion, that it is necessary to dispense with enquiry under Sec.5A, and in case no such enquiry is conducted
invoked urgency clause under Section 17(1) and also dispensed with the enquiry under Section 5A by invoking Section 17(4) of the Land Acquisition ... emergency clause for acquiring the land and also to dispense with the enquiry under Section 5A. In the notification issued
invocation of the urgency
provision under Section 17 (1) and dispensing with the enquiry under
Section 17 (4) would be an arbitrary exercise of power ... under Section
17(1) and Section 17(4) of the Act, dispensing
with enquiry under Section 5A of the Act, and
that the State Government
upon the appellant no formal enquiry was held purportedly on the ground that the same enquiry could be dispensed with, under proviso (b) appended ... regular departmental enquiry relying on or on the basis of a preliminary enquiry. However, if a preliminary enquiry could be conducted, we fail
respondents No. 1 & 2 without the application of mind
dispensed with the enquiry on the ground of urgency
invoking the power conferred by Section ... been sworn at
all and in any case with respect to dispensation of
enquiry under Section 5-A by invoking Section
service without holding an enquiry. Similarly, under
clause (c) an enquiry to be held against the government
employee could be dispensed with ... possible to hold an
enquiry in the case of the appellant and that holding of such
enquiry should be dispensed with in view
