Supreme Court of India · 1985-07-11
UNION OF INDIA AND ANOTHER vs TULSIRAM PATEL AND OTHERS
- Citation / case number
- SC 1983/65975
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA AND ANOTHER
- Respondent
- TULSIRAM PATEL AND OTHERS
- Author
- CHANDRACHUD, Y.V. ((),TULZAPURKAR, V.D.,PATHAK, R.S.,MADON, D.P.,THAKKAR, M.P.
- Bench
- CHANDRACHUD, Y.V. ((CJ),TULZAPURKAR, V.D.,PATHAK, R.S.,MADON, D.P.,THAKKAR, M.P.
Judgment text excerpt
The Supreme Court examined the scope of Article 311 of the Constitution of India, particularly regarding the principles of natural justice and the conditions under which a government servant can be dismissed without an inquiry. The Court held that while a pre-decisional hearing can be excluded, a post-decisional hearing must be available, and judicial review is permissible on grounds of mala fides or non-application of mind. The Court also addressed the validity of dismissals of railway employees participating in strikes and members of the CISF involved in riotous behavior, affirming that such dismissals were justified under the circumstances.