(1) LEAVE granted.

(2) THE appellant who was a Constable has been dismissed from service by the departmental authority without holding any inquiry and exercising power under Article 311(2), second proviso, clause (b) of the Constitution of India. Having failed in his attempt to get the order of the departmental authority annulled in appeal, the appellant approached the Central Administrative Tribunal (for short "the Tribunal") mainly contending that in the facts and circumstances of the present case, dispensation of an inquiry is not justified. The Tribunal having dismissed his application, the appellant approached the High Court by way of a writ petition and the High Court having dismissed his writ petition, the appellant is in appeal before this Court.

(3) MR Yadav, learned counsel appearing for the appellant contends that though the employer has the power to dispense with an inquiry under Article 311(2), second proviso, clause (b) of the Constitution but the conditions precedent for exercising that power have now been indicated in several decisions of this Court and in the present case, those conditions precedent cannot be said to have been satisfied. Mr Ch