from service, primarily, on the ground
that the reasons assigned for dispensing with enquiry under
Rule 39(ii) of the Rules were not based ... departmental
enquiry. Merely because the enquiry would attract public
attention and media coverage, the same cannot be a ground
for dispensing with departmental enquiry inasmuch
That the conclusion becomes in evitable that the action of dispensing with enquiry under Section 5-A of the Act in the present case ... Section 17 itself for exercise of the exceptional power in dispensing with enquiry under Section 5-A. Exceptional the power, the more circumspect the Government
which may have been relied upon to formulate the opinion to dispense the enquiry under Section 5-A.
In Anand Singh vs. State ... Section 17 itself for exercise of the exceptional power in dispensing with enquiry under Section 5-A. Exceptional the power, the more circumspect the Government
aspect that urgency was of
such nature that necessitated dispensation of enquiry under Section
5-A of the Act. The Hon'ble Court held ... Government to prove that the use of power was justified and
dispensation of enquiry was necessary. As the respondents had
failed to show
Steel Ltd. (supra), the Supreme
Court held that where a disciplinary enquiry is dispensed
with on the specious plea that it was not reasonably
practicable ... reason while passing an order of dismissal from
service by dispensing with enquiry, invalidates such an
action. It is held thus;
6. We have already
reasonably
practicable to hold enquiry, that too for reasons to be recorded, that the
enquiry can be dispensed with, and that in the instant case ... enquiry. In case,
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the disciplinary enquiry is to be dispensed with
reasonably
practicable to hold enquiry, that too for reasons to be recorded, that the
enquiry can be dispensed with, and that in the instant case ... enquiry. In case,
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the disciplinary enquiry is to be dispensed with
reasonably
practicable to hold enquiry, that too for reasons to be recorded, that the
enquiry can be dispensed with, and that in the instant case ... enquiry. In case,
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the disciplinary enquiry is to be dispensed with
case, therefore, the
Government has completely failed to justify the dispensation of an enquiry
under Section 5A by invoking Section 17(4) . For this reason ... case, the appellants are not entitled to any relief
although dispensation of enquiry under Section 5A was not justified.
57. On behalf of the appellants
said
question.
11. We have noticed hereinbefore that the formal enquiry was dispensed
with only on the ground that the appellant could win over aggrieved ... facts and
circumstances of the case sufficient cause existed for dispensing with the
formal enquiry. This aspect of the matter has been considered by this
