GLH(2 )527 , 1995 INSC 278 , JT1995 (4 )SC 1 , 1995 LabIC1778 , 1995 LabIC1778 , 1995 (2 )LLN1 (SC ), 1995 (2 )SCALE755 , (1995 )4 SCC73 , [1995 ]3 SCR469 , 1995 (3 )SCT15 (SC ), 1995 (3 )SLJ1 (SC ), ,MANU/SC/0267/1995
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MANU/SC/0267/1995
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 4495-96 and 4497 of 1995
Decided On: 19.04.1995
Appellants: A.K. Kaul and Ors. Vs. Respondent: Union of India (UOI) and Ors.
Hon'ble Judges/Coram:
S.C. Agrawal and Faizanuddin ORDER
S.C. Agrawal, J.
1. Leave granted.
2. The appellants were employed as Deputy Central Intelligence Officers in the Intelligence Bureau in the Ministry of Home Affairs of the Government of India. On July 23, 1979, the employees of the Intelligence Bureau formed an Association called "the Intelligence Bureau Employees Association" (IBEA) for the purpose of ventilating their grievances. Appellants, A. K. Kaul and Verghese Joseph, were elected as the General Secretaries of IBEA and appellant, B. B. Raval, was elected as the President. On May 3, 1980, the Joint Director of the Intelligence Bureau issued a Circular Memorandum declaring that the formation of the IBEA was in violation of the Civil Services (Conduct) Rules and that those who take part in the activities of the IBEA will attract disciplinary action. Writ Petitions (Civil) Nos. 1117-1119 were filed in this Court challenging the said circular. This Court, on July 21, 1980, issued an order for issue of rule nisi on the said writ petitions and also passed an interim order directing that during the pendency of the writ petitions in this Court no disciplinary action shall be taken against any member of the IBEA for reasons mentioned in the circular. On December 26, 1980, orders were passed dismissing the appellants from service. One such order regarding the dismissal of appellant. A. K. Kaul, is in the following terms :
Shri A. K. Kaul, Deputy Central Intelligence Officer, Intelligence Bureau, New Delhi.
Whereas the President is satisfied under Sub-clause (c) of the proviso to Clause (2) of Article 311 of the Constitution that in the interest of the security of the State it is not expedient to hold an inquiry in the case of Shri A. K. Kaul.
And whereas the President is satisfied that on the basis of the information available, the activities of Shri A. K. Kaul are such as to warrant his dismissal from service.
Accordingly, the President hereby dismisses Shri A. K. Kaul from service with immediate effect. (By order and in the name of the President)
Sd/-
(R. Mahadevan)
Under Secretary to the Govt. of India
Ministry of Home Affairs
The orders or dismissal of appellants, Verghese Joseph and B. B. Raval are in ........