BAKSHI SARDART LAL DEAD Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals are by certificate under Art. 132 and involve the determination of the amplitude contained and nature of the power conferred on the President by clause (c) of the second proviso of Art. 311(2) of the Constitution.

(2.) 18 policemen - Sardari Lal and two others being Sub-Inspectors and the remaining being either Head Constables or Constables - of the Delhi Armed Police Force were dismissed from service by separate but similar orders dated 14th April, 1967, by way of punishment. They challenged those orders before the Delhi High Court mainly contending that the exercise of power under clause (c) of the second proviso to Art. 311(2) was not upon President's personal satisfaction and as there - had been no inquiry as mandated by Art. 311(2), the dismissals were bad. The High Court did not accept the contention and rejected the writ petitions. The dismissed policemen carried appeals to this Court and by judgment dated 21st January, 1971 in Sardari Lal v. Union of India, (1971) 3 SCR 461, a Constitution Bench of this Court set aside the judgment of the High Court in each of the writ petitions and quashed the several orders of dismissal on the ground that each of them was illegal, ultra vires and void. This Court held :-

(3.) Several writ applications were again filed before the High Court. It was inter alia contended that the order of dismissal without an inquiry as envisaged in Art. 311(2) was vitiated as the power under sub-clause (c) of the second proviso to Art. 311(2) had not been made upon personal satisfaction of the President.