AIR 1981 SUPREME COURT 858 ::1981 LAB. I. C. 313 ::1981 UJ (SC) 204 ::1981 UJ (SC) 234 ::(1981) ServLJ 400 ::(1981) 42 FacLR 252 ::42 FacLR 252 ::1981 (2) SCC 159 ::1981 SCC (L&S) 296 ::(1981) 1 LabLJ 453 ::(1982) 95 Mad LW 8 ::(1981) 1 Serv LJ 400 ::(1981) 2 Lab LN 1 ::1981 2 LabLN 1 ::1981 (1) ServLR 377 ::(1981) 51 Cut LT 568

Supreme Court Of India

(From : Orissa)*

Hon'ble Judge(s): S. Murtaza Fazal Ali, A. Varadarajan , JJ

(A) Constitution of India , Art.311, Art.226— Departmental enquiry - Termination of service on basis of inquiry - Order of termination quashed by Court on ground of technical error in inquiry - Fresh inquiry on same charge can be held and order of reversion can be legally and validly made - However, in the instant case fresh inquiry was not ordered as there was lapse of about 15 years. AIR 1979 SC 1923 and AIR 1978 SC 1244, Foll.W. P. Nos. 1261 of 1976, 833 and 834 of 1977, D/- 10-1-1979 (Orissa) and W. P. No. 832 of 1977 (Orissa), Reversed. (Para 4) (B) Constitution of India , Art.311, Art.226— Supplementary inquiry - Members of original inquiry committee eligible to hold enquiry by virtue of their designations, promoted - Those same members can hold supplementary inquiry despite their ceasing to hold earlier designations. W. P. Nos. 1261 of 1976, 833 and 834 of 1977, D/- 10-1-1979 (Orissa) and W. P. No. 832 of 1977 (Orissa), Reversed. It is not at all necessary that the enquiry which had been held in part by more than one enquiry officer should be continued by the same enquiry officers until the end. The post which the members of the Inquiry Committee held originally might have ceased to exist at a later stage, or one....