Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2012 (3) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (3) TMI 177 - SC - Indian LawsInvocation of proviso (b) to Article 311(2) of the Constitution of India to dispense with the inquiry against the appellant to remove him from service - appellant working as sub-ordinate Judge in Garhwa, Jharkhand alleged of not preparing judgments on his own, rather getting it prepared through some body else before delivering the judgments - appellant challenging legality of order and jurisdiction of High Court – Doctrine of pleasure under article 310 - Held that:- Under Articles 310 and 311, public servants are given protection from being dismissed, removed or reduced in rank without holding a proper inquiry or giving a hearing. However, proviso (b) to Article 311(2) provides for dispensing of such condition on reasonable and legal grounds. In present case, High Court on basis of facts was of the opinion that holding of such enquiry should be dispensed with in view of the fact that if an enquiry is held the same may lead to the question of validity of several judgments rendered by the appellant. Because of legal and valid grounds there was no necessity of giving him any opportunity of hearing. Subsequent to that, the Governor decided to invoke the provisions of Article 311(2) (b) of the Constitution of India and dispensed with condition of holding enquiry. Thus, procedure and the pre-conditions laid down for invoking the extra-ordinary power under Article 311(2) (b) having been complied with and properly exercised within the parameters of the provisions – Decided against the appellant.
|