Topic

Article 311(2)(b)

2 articlesLatest 2 hours ago
Article 311(2)(b) | Mere Apprehension of Witness Influence Cannot Justify Dispensing with Departmental Inquiry : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Article 311(2)(b) | Mere Apprehension of Witness Influence Cannot Justify Dispensing with Departmental Inquiry : Punjab & Haryana HC

The court quashed an ASI's dismissal, ruling that unsubstantiated fears of witness influence cannot bypass a departmental inquiry under Article 311(2)(b). The petitioner is entitled to reinstatement with consequential benefits but not back wages, while the department retains the option to initiate a fresh inquiry or await the outcome of criminal proceedings.

Article 311(2)(b) | Objective Evidence Mandatory for Dismissal Without Inquiry: SC Reinforces Natural Justice in Service Law
Case Law Analysis
|Supreme Court of India

Article 311(2)(b) | Objective Evidence Mandatory for Dismissal Without Inquiry: SC Reinforces Natural Justice in Service Law

The Supreme Court ruled that dismissal under Article 311(2)(b) of the Constitution requires concrete, recorded material-not mere suspicion-to bypass departmental inquiry. The judgment underscores that subjective beliefs of witness intimidation or evidence tampering must be objectively substantiated, failing which the dismissal order violates principles of natural justice and is liable to be quashed.