I.D.DUA, J.M.SHELAT, V.BHARGAVA
B. C. Dass – Appellant
Versus
State Of Assam – Respondent
Judgment
DUA, J.: We have read the judgment prepared by our learned brother Bhargava: We are in complete agreement with him so far as decision on points Nos. (2) and (3) is concerned, but with respect we are unable to agree with him on point No. (1).
2. It is unnecessary to repeat the relevant facts which have been set out by our learned brother in his judgment. The impugned order dated April 1, 1965, in the case of appellant P. K. Hore may, however, be again reproduced:
"The Governor is satisfied that Shri P. K. Hore, Superintendent, P. W. D. F. C. and I Wing against whom more charges have been received is unfit to be retained in the public service and that he ought to be dismissed from service.
The Governor is further satisfied under sub-clause (c) of the 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 give the said Shri P. K. Hore an opportunity to show cause against the action proposed to be taken in regard to him as stated above.
Accordingly, the Governor hereby dismisses the said P. K. Hore, from service with immediate effect."
On the same day an identical order was made with respect to the dismiss
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