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1985 Supreme(SC) 300

D.P.MADAN, R.S.PATHAK, V.TULZAPURKAR
Satyavir Singhs – Appellant
Versus
Union of Indias – Respondent


Advocates:
A.Subhashini, G.B.SETHI, K.PARASARAN ATTORNEY, V.M.TARKUNDE, V.N.GANPULE

JUDGMENT

MADON, J.:— The appellants who were employed in the Research and Analysis Wing, Cabinet Secretariat, Government of India were dismissed from service in the exercise of the power conferred by clause (b) of the second proviso to Art. 311(2) of the Constitution of India read with Rule 19 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, without serving any charge-sheet upon them and without holding any inquiry. The appellants thereupon filed in the Delhi High Court a writ petition under Article 226 of the Constitution challenging the said orders of dismissal. The said writ petition was dismissed by a Division Bench of the Delhi High Court by its judgment and order dated September 25, 1981. It is against the said judgment and order of the Delhi High Court that the present two Appeals have been filed by Special Leave granted by this Court.

Article 311 of the Constitution

2. Prior to the amendment of the second clause of Art. 311 of the Constitution by the Constitution (Forty-second Amendment) Act, 1976, with effect from January 3, 1977, the second proviso to the said clause was the only proviso to the said clause (2). Art. 311 as amended by the Const













































































































































































































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