(1.) The above appeals by special leave granted by this court and the above Writ Petition filed either in this court under Article 32 of the Constitution of India or in different High courts under Article 226 and transferred to this court raise a substantial question of law as to the interpretation of Articles 309, 310 and 311 of the Constitution and in particular of what is now, after the amendment of clause (2) of Article 311 by the Constitution (Forty-second Amendment) Act, 1976, the second proviso to that clause.
(2.) To understand what questions fall for determination by this court in these appeals and Writ Petition, it is first necessary to sketch briefly how they have come to be heard by this Constitution bench.
(3.) Article 311 of the Constitution confers certain safeguards upon persons employed in civil capacities under the Union of India or a State. The first safeguard [which is given by clause (1) 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 Article 311] is that he cannot be dismissed, removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. The second safeguard is, however, not available to him when he is dismissed, removed or reduced in rank in any of the three cases mentioned in the second proviso to Article 311 (2). These three cases are set out in clauses (a) to (c) of the second proviso. 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 clause (b) , any of these three penalties can be imposed upon him where the authority empowered to impose any of these penalties is satisfied that for some reason, to lie recorded by that authority in writing, it is not reasonably practicable to hold such inquiry. Under clause (c) , any of the above penalties can be imposed upon him where the President or the governor of a State, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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