preliminary enquiry as such further enquiry is not possible, needs consideration. It does not stand to reason how witnesses were aware about the enquiry when ... hold a departmental enquiry.
Also, the order has been passed on the basis of preliminary enquiry. The preliminary enquiry report was never supplied
Courts.
39. The circumstances, when Government would be justified to dispense with enquiry under Section 5-A while invoking urgency clause under Section ... invoking power under Section 17(4) for acquisition of land and dispensing with enquiry under Section 5-A so as to take possession immediately
such a
situation is of no significance. Where a disciplinary
enquiry is dispensed with on the specious plea that it
was not reasonable practicable ... enquiry. In our
opinion, when the decision of the employer to dispense
with enquiry is questioned, the employer must be in a
position to satisfy
land, therefore, the State Government is not justified in dispensing with the enquiry/hearing under Section 5-A of the Act.
The State Government contends ... surveyed and what was the material on record to justify the dispensation of enquiry under Section 5-A of the Act. There is nothing
consideration is as to whether the Disciplinary Authority was justified in dispensing with enquiry by invoking power under proviso (b) of Rule ... enquiry against the petitioner was that the petitioner was not cooperating in the enquiry. The aforesaid reason cannot be said be sufficient reason to dispense
such an enquiry does not disentitle him from
taking part in the regular enquiry subsequently. Nor can the
regular enquiry be dispensed with ... writing that such an enquiry can be dispensed with. Even then,
such an order dispensing with an enquiry would be subject to judicial
review
dispensing with the enquiry has been complied with or not and whether the
reasons for which the enquiry has been dispensed with could reasonably form ... constitutional pre-requisites in dispensing with the enquiry and
have recorded the reasons. Enquiry has been dispensed with having reference to
activities of the petitioner
explanation, what to talk of with cogent
reasons, for dispensing with the enquiry as envisaged under
14 of 54
::: Downloaded ... will take a long time. Can this be a reason for
dispensing with enquiry or en mass setting aside the
recruitment of applicants against whom
question was the issue whether there were sufficient grounds for dispensing
with the enquiry. After discussing a series of decisions, including Union of
India ... well. The mandate of the law is clear that before dispensing with an
enquiry, a subjective satisfaction is to be arrived at by the Disciplinary
through,
that a decision could have been taken to dispense with the
enquiry; by recording specific reasons. The judgments of
the Hon’ble Supreme Court ... which case a “decision could have been taken to
dispense with the enquiry; by recording specific reasons”. It is
observed that the principles laid down
