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july 1985

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.

UNION OF INDIA AND ANOTHER vs TULSIRAM PATEL AND OTHERS · Niyam