Tulsiram Patel case
Also called: Union of India v. Tulsiram Patel · Topic: Civil Services: Role, Accountability and Reforms · NCERT: Beyond NCERT
Meaning
Union of India v. Tulsiram Patel (1985) was decided by a Constitution Bench of the Supreme Court. The case was about the second proviso to Article 311(2), which lets the government dismiss a civil servant without an inquiry in three cases:
- criminal conviction;
- an inquiry is "not reasonably practicable";
- the security of the State.
The Court upheld these exceptions as valid. It overruled the earlier Challappan case (1975). Courts can still review such orders for bad faith (mala fides) and for reliance on irrelevant grounds.
Example
Suppose an employee is dismissed without inquiry because the authority says an inquiry is "not reasonably practicable". Under Tulsiram Patel, the officer cannot demand a hearing as of right. The officer can still go to court and argue that the order was made in bad faith or on irrelevant grounds.
Don't confuse with
- Parshotam Lal Dhingra (1958): this case decided when Article 311 applies at all. Its tests are a right to the post and "evil consequences". Tulsiram Patel deals with when the Article 311 inquiry can be skipped.