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1983 Supreme(Kar) 2

M.RAMA JOIS
ANSARI M. F. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
G.DAYANADA, M.RAGHAVENDRA RAO

M. RAMA JOIS, J.

( 1 ) IN this batch of eight writ petitions filed by ex-Railway servants questioning the legality of the orders by which penalty of dismissal from service was imposed against them, after dispensing with the enquiry, in exercise of the powers under R. 14 (ii) of the Railwav Servants Discipline and Appeal rules 1968 (hereinafter referred to as 'the Rules,) read with clause (b) of the second proviso to clause (2) of Art. 311 of the Coustitution, the following important questions of law arise for consideration : (I) Whether after dispensing with the disciplinary enquiry against a civil servant, on the ground that ft is not reasonably practicable to hold the enquiry, in exercise of the powers under clause (b) of the second proviso to clause (2) of Art. 311 of the Constitution and R. 14 (ii) of the Rules, an opportunity should be given by the concerned disciplinary authority to the concerned civil servant to make representation against the imposition of penalty ? (ii) Whether the reasons in support of the decision that it is not reasonably practicable to hold an enquiry against the civil servant should be] furnished to him, either by recording the same in the order imposi






























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