UNION OF INDIA AND ANOTHER versus TULSIRAM PATEL AND OTHERS

Citation: [1985] SUPP. 2 S.C.R. 131 · Decided: 11-07-1985 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Disposed off
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Judgment (excerpt)

UNION OF INDIA AND ANOTHER 
. v. 
TULSIRAM PATEL AND OTHERS 
JULY 11, 1985 
[Y.v. CHANDRACHUD,CJ.' v.D. TUIZAPURKAR, R.S. PATHAK, 
D.P. MADON AND M.P. THAKKAR, JJ. J 
Constitution of India Articles 14,21,309,310,311. 
131 
Central Civil Services (Classification Control & Appeal) 
A 
B 
Rules 1965 Rules 19, 22,23, 25, 27(2),29, 29A. 
C 
Central Industrial Security Force Rules 1969 Rules 37 ,42, 
42A, 47(2) and 49. 
Railway Servants (Discipline & Appeal) 
Rules 
1968, Rules 
· 14, 17, 20, 22(2), 25, 25A. 
D 
Doctrine of Pleasure-Scope of in Art.311 - Whether an excep-
tion to Art.310(1) . 
. ,. . 
Laws made under Art.309 whether to be subject>"to Ar,t.310(1) 
· .fJ.ind 311 and Part III. 
·~ 
E 
Art. 311(2) second proviso - Principle of natural justice-
whetµer. excluded- Mala fide action of disciplinary authority 
Whetti~r.'r~an. be assailed - . Conduct of government servant must 
justify \disinissal or removal or reduction in rank - Condition 
precedent. t<f applicability of the provision -
Approach 
of the 
disciplinaty''"authority - The situations when it is not reasonably 
F 
practicable to·.'ll6ld. inquiry - What are - Reasons to be recorded 
in writing for riot holding the inquiry - Communication of reasons 
to the aggrieved -.g<?ye~ent servant - Necessity of -
Remedies 
available to the aggrieved governmeilt servant. 
'Security of State;.• .. ~ What is - How affected -
When 
not 
G 
expedient to hold inqUiry in· interest of 'security of state' -
subjective satisfaction -of-P~esident or Governor - What is. 
Though pre-decisional ·hearing excluded post decisional 
departmental hearing available·. - Judicial review open on grounds 
of mala f ides or non-application of mind. 
H 
132 
SUPREME COURT REPORTS 
(1985] SUPP.2 s.c.R. 
A 
Government servant convicted for causing grevious head 
B 
injury - Punishment of complusory retirement- Whether proper and 
justified. 
Railway employees - Participating in all-India strike - En 
masse dismissal of participants - Whether proper and justified. 
Members of CISF - Creating riotous situation - Break 
down 
of discipline in the force -
Members 
becoming 
security 
risk - Dismissal - Whether proper and justified. 
Member of State Police Force - Creating violent public 
disorder ~ Inciting others members to do so -
Dismissal wl1ether 
C 
proper and justified. 
Natural Justice - Principles of Natural Justice - What: are 
- Origin of principle - .'audi alteram partem' -
When can be 
excluded - Post decisional hearing whether sufficient compliance 
of the rule. 
D 
Statutory 
Interpretation 
Provision of Constitution 
·whether mandatory 
or directory 
'expressum facit cessare 
tacitum' -
maxim -
external aids to interpretation - use of -
mandatory constitutional prohibition · strict construction of 
"""'Whether necessary. 
E 
WORDS AND PHRASES - MEANING OF 
'~ts of the appropriate legislature' - Art. 309. 'Except 
as expressly provided by this Constitution' - Art. 310(1). 
i. 
'Not 
expedient' 
'Security of State' ' -
'Reasonably 
F 
practtcable' - 'This clause shall not apply' - Art. 311(2). 
G 
H 
ADMINISTRATIVE LAW 
Subordinate legislation - Executive instructions whether 
have forC~ of statutory rule. 
Article 311 of the Constitution confers certain safeguards 
upon persons employed in civil capacities under the Union of 
India or. a State. The f_irst safeguard (which is given by clause 
(l) of Article 311) is that such person cannot be dismissed or 
removed by an authority subordinate to that by which he was 
appointed. The second safeguard (which is given by clause (2) of 
U.Q.l, v. TULSIRAM 
133 
Article 311 is that he cannot be diomianed reoioved or reduced in 
rank except after an·l.nquiry in which he has been informed of the 
charges against him a."ld· given a reasonable opportunity of being 
heard in respect of tho•e charges. 'rhe second safeguard is, Mow-
ever, not available when a person in dismissed, removed or 
reduced in rank in any of the three c.eses set out in clauses (a.) 
to (c) mentioned in the second proviso to Article 311(2). Under 
clause (a), such person can be dismissed, removed or reduced in 
. rank without any inquiry on the ground of conduct which has led 
to his convictiOn on a criminal charge. Under cla11Be (b), any of 
the three penalties can be imposed where the authority empowered 
to impose any of the penalties is satisfied that for some reason, 
to be recorded by that authority in writing, it is not reasonably 
_practicable to hold such inquiry.
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