UNION OF INDIA Vs. JAYA TALUKDAR

JUDGEMENT

(1.) We have heard Mr. H Buragohain, learned Central Government Counsel, appearing on behalf of the petitioners, and Mr. AR Sikdar, learned counsel, for the sole respondent. We have also heard Mr. MK Choudhury, learned Senior counsel, appearing as Amicus Curiae.

(2.) The material facts, leading to this writ petition, may, in brief, be set out as under:

(3.) In course of time, charges were framed and as the charge-sheet could not be served on the petitioner's husband, an order was made, on 10-02-2006, by the disciplinary authority dismissing the petitioner's husband from duty in terms of the provisions of Rule 19(ii) of the Central Civil Services (Classification, Conduct and Appeal) Rules, 1965, (hereinafter referred to as the CCS (CCA) Rules, 1965), read with Article 311 (2)(b) of the Constitution of India, dispensing with the requirement of holding of enquiry against Sri Talukdar on the charges, which had been framed against him, the enquiry having been dispensed with on the ground that it was not 'reasonably practicable' to hold an enquiry in terms of Rule 14 of the CCS (CCA) Rules, 1965.