JUDGMENT  

S.C. AGRAWAL, J.:—Leave granted.

2. The appellants were employed as Deputy Central Intelligence officers in the Intelligence Bureau in the Ministry of Home Affairs of the Government of India. On July 23, 1979, the employees of the Intelligence Bureau formed an Association called "the Intelligence Bureau Employees Association" (IBEA) for the purpose of ventilating their grievances. Appellants, A.K. Kaul and Verghese Joseph, were elected as the General Secretaries of IBEA and appellant, B.B. Raval, was elected as the President. On May 3, 1980, the Joint Director of the Intelligence Bureau issued a Circular Memorandum declaring that the formation of the IBEA was in violation of the Civil Services (Conduct) Rules and that those who take part in the activities of the IBEA will attract disciplinary action. Writ Petitions (Civil) Nos. 1117-1119 were filed in this Court challenging the said circular. This Court, on July 21, 1980, issued an order for issue of rule nisi on the said writ petitions and also passed an interim order directing that during the pendency of the writ petitions in this Court no disciplinary action shall be taken against any member of the IBEA for reasons mentioned in the circular. On December 26, 1980, orders were passed dismissing the appellants from service. One such order regarding the dismissal of appellant. A.K. Kaul, is in the following terms :

"Shri A.K. Kaul,

Deputy Central Intelligence Officer.

Intelligence Bureau,

New Delhi.

Whereas the President is satisfied under subclause (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 hold an inquiry in the case of Shri A.K. Kaul.

And whereas the president is satisfied that on the basis of the information available, the activities of Shri A.K. Kaul are such as to warrant his dismissal from service.

Accordingly, the President hereby dismisses Shri A.K. Kaul from service with immediate effect.

(By order and in the name of the President)

Sd/-

(R. Mahadevan)

Under Secretary to the Govt. of India

Ministry of Home Affairs"

The orders of dismissal of appellants, Verghese Joseph and B.B. Raval are in the same terms. The appellants filed separate writ petitions (Nos. 205-207/81) in this Court under Article 32 of the Constitution to challenge the said orders of dismissal. After the constitution of the Central Administrative Tribunal under the Administrative Tribunals Act, 1985, (hereinafter referred to as the Tribunal) the said writ petitions were transferred to the Tribunal for adjucation and they were registered as T.A. Nos. 1, 2 and 3 of 1992.

3. Before the Tribunal the case put forward by the appellants was that they have been picked and chosen for punitive action for dismissal from service for the reason that they were important members of the IBEA, being office bearers as General Secretaries and the President, and that the real motive to pass the orders of dismissal was to penalise them for the active part they had taken in ventilating the grievances of the employees through the IBEA. The appellants also pleaded that they had an excellent record of service and that they had not conducted themselves in such a manner as to warrant their dismissal from service. It was submitted that they were recipients of commendation certificates, appreciation letters and cash awards from time to time. It was also stated in the applications that they had not acted contrary to the interest of national security at any time. The said applications were contested by the respondents who pleaded that the orders of dismissal had been passed by the President on being satisfied on the basis of the material available that the activities of the appellants were such as to warrant their dismissal from service by dispensing with the requirements of Article 311(2) of the Constitution in the interest of security of the State. It was also pleaded on behalf of the respondents that the details of the material on the