SATYAVIR SINGH D P VOHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) 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.

(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 Constitution (Fifteenth Amendment) Act, 1963, and the Constitution (Forty-second Amendment) Act, 1976, reads as follows

(3.) The Central Civil Services (Classification, Control and Appeal) Rules, 1965, have been made by the President in exercise of the power conferred by the proviso to Art. 309 of the Constitution. Rule 19 of the said Rules is in substance the same as the second proviso to Article 311 (2) and provides as follows: