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1971 Supreme(SC) 58

A. N. RAY, G. K. MITTER, J. C. SHAH, K. S. HEGDE, A. N. GROVER
Bk. Sardari Lal – Appellant
Versus
Union Of India – Respondent


Advocates:
A.S.R.CHARI, K.L.Mehta, K.R.Magaraja, R.V.Sachthey, S.K.MEHTA, S.P.MAYOR, S.T.DESAI

Judgment

GROVER, J.: - This is an appeal by certificate from a common judgment of the Delhi High Court which disposed of a batch of 14 petitions under Article 226 of the Constitution- The question involved is of importance and relates to the exercise of powers expressly conferred on the President by clause (c) of the proviso to Article 311 (2) of the Constitution

2. On 14th April, 1967, the appellant and 17 other members of the Delhi Police Force were dismissed from service. The order dismissing the appellant is reproduced below :

ORDER

Whereas, you Shri Sardari Lal, Sub Inspector, Delhi Police No. 331/D, Police Station Kamla Market, Delhi hold your office during the pleasure of the President and

Whereas the President is satisfied that you are unfit to be retained in the public service and ought to be dismissed from service, and

Whereas the President is further satisfied under sub-clause (c) of proviso to clause (2) of Article 311 of the Constitution that in the interest of the security of the State it is not expedient to hold an inquiry,

Now, therefore, the President is pleased to dismiss you from service with immediate effect.

By order and in the name of the President of India

Sd/

(B. Venk























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