ORDER

1. Heard Ms Madhusmita Bora, learned counsel for the appellant, and Mr Ajay Siwach, learned counsel for the respondents, at length.

2. The appellant was recruited as Constable to the Haryana Police Service on 31-7-1985. He was promoted as Head Constable on 11-7-1992. At the relevant time, he was posted in the Executive Clerical Branch at Gurgaon. On the basis of a complaint said to have been lodged by one Japanese national, Mr Kenichi Tanaka, an investigation was carried out by Deputy Superintendent of police and on that basis, the services of the appellant were a terminated by resorting to the provisions of Article 311(2)(b) of the Constitution, dispensing with the inquiry. The appellant challenged the order of dismissal before the disciplinary authority, which was dismissed. Aggrieved thereby, he filed an appeal before the disciplinary appellate authority which was also dismissed. The High Court, by the impugned order, also dismissed the writ petition preferred by him. Hence, this appeal by special leave.

3. The sole contention raised by the learned counsel for the appellant is that no reasons much less sufficient reasons have been disclosed in the impugned order as to why the authority was satisfied that it is not reasonably practicable to hold an inquiry.

4. The services of the appellant were terminated by order dated 27-12-1999. The order speaks for itself and is extracted:

"A news item appeared in a Hindi daily (Punjab Kesri) on 1-12-1999 wherein reference was made to an allegation made by one Japanese national Shri Kenichi Tanaka, Country Manager, Nikkyo Corporation, India Branch resident of House No. 1545, Sector 17-C, Gurgaon regarding bribe money paid by him for securing extension of his visa in Gurgaon. The Deputy Superintendent of police, Shri Yoginder Nehra, HPS was asked to conduct an enquiry into the matter and to fix responsibility.

The enquiry officer submitted his enquiry report dated 17-12-1999 in which he held the dealing hand HC Sudesh Kumar No. 36/GGN guilty of accepting a bribe of Rs 2840 (Rs two thousand eight hundred and forty) from Mr Kenichi Tanaka. The visa of Mr Kenichi Tanaka was to expire on 21-12-1999 and he applied for extension of visa for a period of one year from 22-12-1999 to 21-12-2000 on 1-10-1999. He was made to pay a total of Rs 5000 to the dealing clerk, out of which Rs 2160 was the extension fee and rest of money was pocket (pocketed?) by HC Sudesh Kumar No. 36/GGN. Mr Kenichi Tanaka was also threatened by the delinquent official that in case of non-payment of bribe money he (foreign national) would face difficulty and his case would not be favourably recommended. Only on the payment of the bribe money the case of Mr Kenichi Tanaka was processed and forwarded to the Deputy Commissioner, Gurgaon vide this Office Memo No. 16760-63/Security Branch dated 4-10-1999.

The enquiry officer stated in his report that the foreign national Mr Kenichi Tanaka refused to nake (name?) the dealing clerk as he feared harassment. But the statement of ASI Shiv Dutt, In-charge, Security Branch and ASI Lal Singh, OA SI clearly reveals that it was HC Sudesh Kumar No. 36/GGN who was posted as Foreign Registration Clerk in the District police Office, Gurgaon on 1-10-1999 and he had processed the visa extension case of Shri Kenichi Tanaka and that he had also deposited the extension fee of Rs 2160 in State Bank of Patiala, Mini Secretariat Branch, Gurgaon on behalf of Shri Kenichi Tanaka. Therefore, there is no doubt whatsoever about the identity of the delinquent official, HC Sudesh Kumar No. 36/GGN who accepted illegal gratification in this case. The fact that the delinquent official HC Sudesh Kumar No. 36/GGN himself went to the bank branch situated about half a kilometre away from this office to deposit the extension fee also points towards ulterior motive on his part. Otherwise, the extension fee could have been deposited by the applicant himself.

A perusal of the file reveals that even though Mr Tana