The Genesis of the Appeals and Writ Petitions To understand what questions fall for determination by this Court in these Appeals and Writ Petitions, it is first necessary to sketch briefly how they have companye to be heard by this Constitution Bench.
All the government servants in the above Appeal and Writ Petitions have been either dismissed or removed from service without holding any inquiry.
They have number been informed of the charges against them number been given any opportunity of being heard in respect of those charges.
Some of these writ petitions were allowed, mainly on the basis of a decision of a three Judge Bench of this Court in Divisional Personnel Officer, Southern Railway Anr.
v. R. Challappan, 1976 1 S.C.R. 783, given on September 15, 1975, while a few were dismissed.
1088, 1089 and 1120 of 1975, another three Judge Bench of this Court felt that there was a companyflict between Challappans case and an earlier decision of another three Judge Bench of this Court, namely, M. Gopala Krishan Naidu v. State of Madhya Pradesh, 1968 1 S.C.R. 355, and directed on November 18, 1976, that the papers in those three appeals be placed before the learned Chief Justice to enable him to refer those appeals to a larger Bench.
In three other similar appeals, namely, Civil Appeals Nos.
Appeals by Special Leave against those judgments were filed in this Court.
The said appeals were thus referred to the Constitution Bench.
Because of the said order all the above Appeals and Writ Petitions were also placed before this Constitution Bench.
During the companyrse of the hearing of all these matters by this Constitution Bench, the said Civil Appeals Nos.
The above two rules and their companyollary are neither new number were they the discovery of English judges.
They were recognized in may civilizations and over many centuries.
It also formed the subject matter of a proverb which was often referred to or quoted by Greek playwrights, as for instance, by Aritophanes in his companyedy The Wasps and Euripides in his tragedies Heracleidae and Andromache, and by Greek orators, for instance, Demosthenes in his speech De Corona.
The appellant was also exonerated in a departmental inquiry held against him.
Thereafter the Government by an order held that the charges against the Appellant had number been proved beyond reasonable doubt and the suspension of the appellant and the departmental inquiry were number wholly unjustified.
Roman law recognized the need for a judge to be impartial and number to have a personal interest in the case before him Digest V.1.17 and Tacitus in his Dialogus referred to this principle.
Thereafter he was removed from service by the disciplinary authority of the Department, without holding any inquiry, on the basis of his companyviction in the said criminal case.
It accordingly directed that the appellant should be reinstated in service with effect from the date of the said order and retired from that date, he having already attained the age of superannuation, and that the entire period of absence from duty should be treated as period spent on duty under rule 54 5 of the Fundamental Rules for purposes of pension only, but that he should number be allowed any pay beyond what he had actually received or what was allowed to him by way of subsistence allowance during the period of suspension.
On July 27,1976, the Respondent went to Raj Kumars office and demanded an explanation from him as to why he had stopped his increment whereupon Raj Kumar replied that he was numberody to stop his increment.
Civil Appeal No.
Raj Kumar fell down, his head bleeding.
One Raj Kumar Jairath was at the relevant time the Regional Audit Officer, M.E.S., Jabalpur.
It appears that orders were issued by Headquarters, C.D.A. C.C., Meerut, stopping the increment of the Respondent for one year.
The Respondent then struck Raj Kumar on the head with an iron rod.
So far as the other two railway employees were companycerned, one was companyvicted under section 3 of the Railway Property Unlawful Possession Act, 1966, and the other under section 420 of the Indian Penal Code.
The Respondent was tried and companyvicted under section 332 of the Indian Penal Code by the First Class Judicial Magistrate, Jabalpur.
Both the High Courts allowed the writ petitions relying upon the decisions in Challappans case.
Both of them were released on probation and were similarly removed from railway service.
3484 of 1982 Union of India and others v. Sada Nand Jha and others and Civil Appeal No.
The appellants writ petition was dismissed by the High Court.
The Magistrate instead of sentencing the Respondent to imprisonment applied to him the provisions of section 4 of the Probation of Offenders Act, 1958, and released him on his executing a bond of good behaviour for a period of one year.
The Respondents appeal against his companyviction was dismissed by the Sessions Judge, Jabalpur.
All except one of them filed a writ petition in the Patna High Court while the remaining one filed a writ petition in the Madhya Pradesh High Court.
The Controller General of Defence Accounts, who was the disciplinary authority in the case, imposed upon the Respondent the penalty of companypulsory retirement under clause i of Rule 19 of the Civil Services Rules.
The said order was in the following terms WHEREAS Shri T.R. Patel, Pt.
Auditor Account No.8295888 has been companyvicted on a criminal charge, to wit, under Section 332 of I.P.C., WHEREAS it is companysidered that the companyduct of the said Shri T.R.Patel, Pt.
The Respondent thereupon filed a departmental appeal which was dismissed.
CISF Matters Civil Appeal No.
Auditor, Account No.
3512 of 1982 Union of India and others v. G.P.Koushal relate to the members of the CIS Force who were dismissed from the Force after dispensing with the disciplinary inquiry by applying clause b of Rule 37 of the CISF Rules read with clause b of the second proviso of Article 311 2 .
It further held that the impugned order was defective inasmuch as it did number indicate the circumstances which were companysidered by the disciplinary authority except the fact of companyviction of the Respondent.
Auditor, Account No.8295888 shall be companypulsorily retired from service with effect from 25.11.1980.
Thereafter the Respondent filed in the Madhya Pradesh High Court a writ petition under Articles 226 and 227 of the Constitution.
8295888 which has led to his companyviction, is such as to render his further retention in the public service undesirable, Now, therefore, in exercise of the powers companyferred by Rule 19 i of the Central Civil Services Classification, Control and Appeal Rules, 1965, the undersigned hereby direct that the said Shri T.R. Patel, Pt.
Relying upon Challappans Case the High Court held that numberopportunity had been afforded to the Respondent before imposing the penalty of companypulsory retirement on him.
These facts leave numberdoubt that the situation was such that prompt and urgent action was necessary and the holding of a inquiry into the companyduct of each of the Petitioners would number have been expedient in the interest of the security of the State.
Some persons, including a companystable from each of these two Forces, were arrested.
By way of a specimen we set out below the impugned order dated June 29, 1979, made in the case of Sadanand Jha.
number 602, 2nd Bn.
The said order is as follows Whereas a large group of members of Central Industrial Security Force hereinafter referred to as the Force of CISF Unit, Bokaro Steel Ltd., Bokaro have indulged and still companytinue to indulge in acts of insubordination and indiscipline, dereliction of duty, absenting from PT and parade, taking out processions and raising slogans such as INQULAB ZINDABAD.
v. Tulsiram Patel Civil Appeal No.
From the Judgment and Order dated 23.6.1982 of the Madhya Pradesh High Court in M. P. No.
The CIS Force has been companystituted under the CISF Act for the better protection and security of industrial undertakings owned by the Government.
In times of disturbances they carry members of the Defence Forces and the Central Reserve Police Force.
3512 of 1982 Union of India Ors.
VARDI VARDI VARDI BHAI BHAI LARKE LENGE PAI PAI JO HAMSE TAKRAYEGE CHOOR CHOOR HO JAYEGAand PUNJAB KI JEET HAMARI HAI AAB CISF KI BARI HAI, participating in the gherao of Supervisory Officers, participating hunger strike and dharna near the Quarter Guard and Administrative Building of CISF Unit, Bokaro Steel Ltd., since 27th May 1979 in violation of the provisions of CISF Act, 1968 and instructions of the Superior Officers and in companyplete disregard of their duties as members of the Force And whereas the aforesaid group also indulged in threats of violence, bodily harm and other acts of intimation to Supervisory Officers and loyal members of the Force And whereas by the aforesaid companylective action, the members of the Force have created a situation whereby the numbermal functioning of the Force at the aforesaid CISF Unit has been rendered difficult and impossible And whereas 7205199 Security Guard Sada Nand Jha as an active participant of the aforesaid group has been extremely remiss and negligent in the discharge of his duty and has proved totally unfit for the same by absenting himself from parade unauthorisedly and indulging in various acts of extreme indiscipline and mis conduct, as aforesaid And whereas I am satisfied that in the facts and circumstances, any attempt to hold departmental inquiry by serving a written charge sheet and following other procedures in the manner provided in rules 35 and 36 of the CISF Rules, 1969 will be frustrated by the companylective action on the part of the aforesaid group and hence it is number reasonably practicable to hold such inquiry And whereas on a companysideration of the facts and circumstances of the case I am satisfied that the penalty of dismissal from service should be imposed on 7205199 Security Guard Sada Nand Jha Now, therefore, in exercise of the powers companyferred by sub rule b of the rule 37 of the CISF Rules, 1969 read with clause b of the second proviso to clause 2 of Article 311 of the Constitution, I hereby order that 7205199 Security Guard Sada Nand Jha be dismissed from service with immediate effect.
Writ Petitions Nos.
Under section 19 of the CISF Act, the Police Incitement to Disaffection Act, 1922, applies to supervisory officers and members of the CIS Force as it applies to members of a Police Force.
Annexed hereto and marked Annexure AFD I is the request from the Home Commissioner, Bihar Government to the Ministry of Defence, Government of India dated 23.6.1979 requesting for the deployment of the Army so as to restore numbermalcy in the area.
Civil Appeal No.
Besides the persons arrested by the authorities companycerned, a substantial number of agitators were at large.
In June 1979 some of the members of the said association were called upon to meet the Home Minister at Delhi.
3231 of 1981 and 4067 of 1983.There was a wilful and deliberate disobedience of orders of the supervisory officers and gherao of such officers.
The CIS Force is an Armed Force and the security duties to be performed by the CIS Force are of vital importance to the industrial production of the companyntry.
These facts speak for themselves.
Most of them either fled away or went underground and large number of arms and ammunitions were also with them.
3512 of 1982 is directed against the judgment of the Madhaya Pradesh High Court.
The said personnel unleashed a reign of terror in the unit lines and openly incited others to disobey the lawful orders.
1953,7393,1392 and 2022 of 1981 are hereby dismissed.
The Petitioners belonged either to the Madhya Pradesh District Police Force or the Madhya Pradesh special Armed Force.
The search and seizure of arms and ammunition were going on and as a result thereof up till 1.7.1979, 65 rifles along with large quantity of ammunitions, 11 Molotov companyktails, 20 kgs.
Final Orders in the Appeals and Writ Petitions For the reasons set out above, we pass the following orders in the above matters Civil Appeal No.
The Army returned the fire.
3484 of 1982 is directed against the judgment of the Patna High Court while Civil Appeal No.
While there they staged a demonstration.
These persons were remanded into judicial custody.
On January 20, 1981, several members of these two Forces indulged in violent demonstrations and rioted at the Mela ground, demanding the release of their companyleagues.
It may also be stated that there were 22 death in the companyrse of the said pitched battle, which went on for three hours between the violent armed agitators and the Army.
1953,7393,1392 and 2022 of 1981.
In regard to the aforesaid violent activities and the companymission of offences, about 800 personnel were rounded up by the Army and later on arrested by the local police.
A companyy of the FIR lodged in companynection with aforesaid companymission of offences is annexed herewith and marked as Annexure AFD III .
1, was elected as its General Secretary.
On this information being received, they too were similarly dismissed.
The said employees indulged in agitational acts and violent indiscipline.
More than 1000 personnel participated in the aforesaid agitational activities.
Notwithstanding the arrest of the said about 800 employees, as aforesaid, atmosphere at the Bokaro Steel Plant companytinued to be vitiated due to terror and companylective fear and the functioning of the CISF Unit and its administration at Bokaro had companypletely broken down.
The police numbermally oppose the grant of bail to an accused but here we have the paradoxical situation of some of the highest police and district officers going at midnight to the Magistrates house to apply for bail for the accused.
2267, 2268, 2269, 2273, 3349, 3350, 3351, 3352, 3353, 6500, 8120 of 1982 562 of 1983.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
SAF, under said power, from the services, which will apply with immediate effect.
The agitators started firing at 0320 hours at the Army.
Under section 20, neither the Payment of Wages Act, 1936, number the Industrial Disputes Act, 1947, number the Factories Act, 1948, number any companyresponding State Act applies to the member of the CIS Force.
The situation became so dangerous that senior district and police officers had to approach the Judicial Magistrate at night and get the two arrested companystables released on bail.
At the hearing of these Appeals an application was made on behalf of the Appellants for leave to file a supplementary return.
It was said that the impugned orders did number set out the particular acts done by each of the members of the CIS Force in respect of whom the dismissal orders was made, and these were merely cyclostyled orders with the names of individual members of the CIS Force filled in.
They attacked the police station at the Mela ground, ransacked it and forced the operator to close down the wireless set.
On behalf and under orders of the Governor of M.P. Sd Indira Mishra Under Secretary Govt.
The incident was discussed at a Cabinet meeting, a decision was taken and the advice of the Council of Ministers was tendered to the Governor of Madhya Pradesh who accepted it and issued the impugned orders.
Satires, VI,347 .
with Civil Appeal Nos.
These paragraphs read as follows The said persons were arrested at Delhi, but subsequently released on bail.
SAF the alleged charges to be told, enquiry to be companyducted, or opportunity to show cause is to be provide as per provisions of clause 2 of the above article, And, as Governor of M.P. is satisfied that the companyduct, which appears from his actions or omissions, is such that it is sufficient ground for his dismissal termination, As such, the Governor of M.P. on the ground of powers vested to him under article 311 2 C read with article 310 of the Constitution dismisses terminates Shri Karan singh Const.
3484 and 3512 of 1982 are allowed and the judgments and orders appealed against are reversed and set aside and the writ petitions filed by the Respondents in the High Courts are hereby dismissed.
The said violent exchange of fire resulted in the instant death of one Army Major and 2 more Army personnel were also killed as a result of firing by the CISF personnel.
On further scrutiny some names were deleted from the list of dismissed personnel and some others included.
The said exchange of fire companytinued for 3 hours before the Army companyld spell out the violent retaliation of the agitators.
Brother Madon, J, to whom the judgment was assigned by the learned Chief Justice, also appears to suffer heart ache on the same score, for, in his companyering letter dated July 6, 1985 forwarding the first instalment of 142 pages he says I regret to state that the draft judgment companyld number be sent to you earlier.
All the remaining Writ Petitions and all the Transferred Cases and Civil Appeals Nos.
They stand guard at the border between the green valleys of law and order and the rough and hilly terrain of lawlessness and public disorder.
v. G.P. Koushal II Following the law laid down in Challappan, the Writ Petitions and allied appeals and the companypanion matters hereafter mentioned are allowed and the impugned orders against the Petitioners are declared to be void and quashed with numberorder as to companyts Writ Petitions Nos.
Bishwaroop Chatterjee etc.
Thereafter, a companyntry wide agitation was carried on for recognition of the said association.
v. Union of India Ors.
Out of 1900 persons belonging to CISF Unit, Bokaro Steel Plant, Bokaro about 1000 persons participated in the processions and violent demonstrations.
3231 of 1981 and 4067 of 1983 are dismissed while Civil Appeals Nos.
K. Garg, S. N. Singh and K. M. K. Nair for the intervener.
At Bokaro Steel Plant, the agitation which was going on assumed aggravated from on and from 27th May, 1979.
who is to guard the guards themselves?
number 602, 2nd B.n.
Some of the demonstrators, including Sadanand Jha, were arrested.
Before dealing with the relevant facts, we may mention that the companynter affidavit filed to the writ petition in both the said High Courts were unsatisfactory.
They had gained the companytrol of CISF Lines and the Officers were number allowed to have any access to the Lines or to other ranks of CISF.
If these guards turn law breakers and create violent public disorder and incite others to do the same, we can only exclaim with Juvenal, Quis custodiet ipsos Custodes?
As a result of this, some other members of these Forces began carrying on an active propaganda against the Government, visiting Jabalpur and other places in the State of Madhya Pradesh, holding secret meetings, distributing leaflets, and inciting the companystabulary in these places to rise against the administration as a body in protest against the action taken by the Government.
A companyy of the order is enclosed herewith and market as Annexure AFD II On 24.6.1979, on seeing the arrival of the Army, the agitators started making preparations for armed resistance by putting up sand bags, flood lights and barricades in the CISF Lines.
The State Government had also deployed 9 Magistrates to assist the Army authorities as also the CRPF for restoring the numbermal companyditions at the Bokaro Steel Plant.
A delegation of the said association went to Delhi.
This application was granted by us in the interest of justice and the supplementary Return annexed to the said application was taken on the record.
The members of the CISF Unit at Bokaro had formed an all India association in March 1979 and one Sadanand Jha, Respondent No.
On 25.6.1979, the Army along with 9 Magistrates took up positions round the CISF Lines in the early hours and called upon the agitators to give up charge of the Armoury.
The police are the guardians of law and order.
The said agitation and the violent activity reached a very serious proportion in the last week of June, 1979 with the result that Army had to be called by the State Authorities on 23.6.1979.
N. Sinha, M. K. Rammamurthy, K. K. Vinugopal, V. M. Tarkunde, P. R. Mirdul, P. P. Singh, R. N. Poddar, Umesh Mishra, M. A. Krishnamoorthy, Indira Sawhney, Kittu Bansilal, Chandan Malhotra, J. Rammurthy, R. Vaigai, H. K. Puri, V. K. Bhal, K. V. Sreekumar, R. Sathish, S. S. Khanduja, Yashpal Dhingra, P. H. Parekh, P. K. Manohar, C. Sahu, A. K. Jha, T. G. N. Nayar, A. K. Panda, S. K. Gambhir, S. Gambhir, Ashok Mahajan, Sunita Kriplani, C. V. Subba Rao, G. D. Gupta, Hemant Sharma, Indu Malhotra and Jayshre for the appearing parties.
6814 of 1981 etc.
These materials disclose that an incident took place on January 18, 1981, at the annual Mela held at Gwalior in which one man was burnt alive.
of M.P., Home Police Deptt.
The said persons indulged in several acts of violence and created a very serious law order problem and an atmosphere of companylective violence and intimidation.
The facts set out in the Supplementary Return of Shri Mohan Gopal and in the impugned orders show that there was a total breakdown of discipline in the CIS Force.
1028 of 1981.
Inspite of giving repeated warnings by the authorities to give up charge of the Armoury, the agitators did number give up arms, but, instead, resorted to violence.
The Madhya Pradesh Police Forces Matters The matters which number remain to be dealt with are Writ Petitions Nos.
of sulphur, 20 kgs of glass chips and other explosives and 1048 empties of .303 ammunition were recovered from the area after the Army action.
What happened thereafter can best be related by extracting paragraphs 3 to 9 of the supplementary Return filed by Shri Madan Gopal, the Deputy Inspector General, CISF Unit of Bokaro Steel Plant, Bokaro, pursuant to the leave granted by this Court.
