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1997 Supreme(SC) 48

J.S.VERMA, S.P.KURDUKAR
State Of Orissa – Appellant
Versus
Dinabandhu Beheta – Respondent


ORDER

1. An order dated 16-6-1983 was passed dismissing the respondents from service exercising the power contained in proviso (b) to clause (2) of Article 311 of the Constitution of India. This action was taken on the basis of the alleged unruly conduct of the respondents along with some others from 1-5-1983 to 5-5-1983 as mentioned in the order of termination passed by Commandant, OSAP 4th Bn., Rourkela. The order merely stated that in the facts and circumstances of the case it was not reasonably practicable to hold a departmental inquiry and, therefore, the requirement of inquiry was dispensed with. The Tribunal by the impugned judgment (s) dated 18-6-1990 etc. has quashed the dismissal orders taking the view that the conditions precedent for invoking the power in proviso (b) to clause (2) of Article 311 were not shown to be satisfied. Hence, these appeals by special leave.

2. A perusal of the dismissal order dated 16-6-1983 indicates that there is no mention of the reasons required to be recorded by the authority in writing to permit exercise of the power under proviso (b) to clause (2) of Article 311. There is no other material produced by the appellant to show that the requis



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