In
national interest, official can be sacked without probe: Court
Thursday March 31, 2011 10:31:06 PM,
IANS
|
New Delhi: The Supreme
Court has held that the government need not communicate the charges
against an official sacked for delinquency or hold an enquiry if
doing so would jeopardise the interests and the security of the
country.
"In terms of the mandate of the constitution, the communication of
the charge and holding of an enquiry could be dispensed with in view
of the interest involving security of the state," said an apex court
bench of Justice Mukundakam Sharma and Justice A.R. Dave in their
judgment on Wednesday.
Speaking for the bench, Justice Sharma further said that "there is
equally for the same reasons no necessity of communicating the
reasons for arriving at the satisfaction as to why the extreme
penalty of dismissal is imposed on the delinquent officer".
The court said this while setting aside the Delhi High Court order
directing the centre to pass a reasoned order for dismissing the
services of M.M. Sharma who was serving as the first secretary in
the India embassy in Beijing.
The high court was, therefore, not justified in passing the impugned
order, the judgment said.
M.M. Sharma came under adverse notice after he was found involved in
an unauthorised and undesirable liason with Chinese nationals.
An inquiry by the Intelligence Bureau revealed the serious
implication of his involvement and its adverse implications on the
security of the country.
In this backdrop the centre held that it would not be expedient to
hold the inquiry as it would expose the people working in diplomatic
missions under some cover and the details of the intelligence
operations in the host country (China).
"In the present case, the charges against the delinquent officer
being very serious and also in view of the fact that the respondent
was working in a very sensitive post, it cannot be said to be a case
of disproportionate punishment to the offence alleged," the judgment
said.
It further said that the "reasons recorded in the official file
against the person for dismissing him from service need not be
incorporated in the impugned (dismissal) order passed."
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