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NITIN W. SAMBRE, ABHAY J. MANTRI
Laxman Manikrao Tonge – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Per : Abhay J. Mantri, J.
The challenge is raised to the order dated 18-11-2011 passed by respondent No.3-Deputy Inspector General/Airport Central Industrial Security Force, Ministry of Home Affairs, whereby confirmed the order dated 29-05-2011 passed by respondent No.4-Commandant, Central Industrial Security Force, Ahmedabad dismissing the petitioner without conducting a departmental enquiry.
2. It further appears that during the pendency of this petition, the petitioner challenged the said order in revision before respondent No.5- Inspector General/APS office of the Special Director, Central Industrial Security Force, New Delhi. However, respondent No.5 vide order dated 31-07-2012 dismissed the revision. The petitioner also challenges the said order by amending the petition.
3. Succinctly, the facts are as under :-
Dismissal without inquiry violates natural justice and requires satisfactory justification under CISF Rules and Article 311 of the Constitution.
The dismissal of employees without a regular departmental enquiry and based solely on a preliminary enquiry was held to be arbitrary and unsustainable.
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
The decision to dismiss an individual from service without a departmental inquiry must be based on reasonable grounds, especially when national security implications are involved.
Dismissal without a formal inquiry under the BSF Act is justified if it's found impracticable due to security concerns. Authority must record reasons, but discretion remains with the competent author....
(1) Dismissal from service without conducting departmental inquiry – It is duty of disciplinary authority to record satisfaction how and in what manner holding an enquiry is not reasonably practicabl....
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