Art. 311(2)(c) | Governor's Sanction To Delinquent's Dismissal Sans Inquiry Not Based On 'Subjective Satisfaction', Manipur HC Upheld Reinstatement

Recently, the Manipur High Court upheld the reinstatement of the Sub-Inspector of Police who was dismissed from the service because of his alleged links with the banned organization the People's Liberation Army/Revolutionary People's Front. Affirming the Single Bench decision, the bench led by Chief Justice Siddharth Mridul and comprising Justices Ahanthem Bimol Singh and Golmei Gaiphulshillu Kabui objected to the Governor's sanction to the respondent's dismissal order under Article 311 of the Constitution which allows termination without inquiry in the interest of state security. The Court found sustenance to the respondent's submission that his dismissal order was not backed by cogent and reliable material disempowering the Governor to invoke its jurisdiction under Article 311. “we are of the considered view that it is imperative for us to call the confidential file that was put up before the Hon'ble Governor and the learned Deputy Advocate General put up the confidential file before us and on perusal of the file, we did not find any cogent and reliable material to support the decision taken by the authorities and we did not find any observation of the Hon'ble Governor regarding the satisfaction to invoke Article 311 of the Constitution against the respondent, but only the words “may be approved”.”, the Court observed. “The disciplinary authority, in its order dated 13.07.2017, categorically stated that the Governor of Manipur is satisfied under sub-clause of proviso to clause of Article 311 of the Constitution that in the interest of security of State, it is not expedient to hold an inquiry in the case of involvement and association with subversive activities of the delinquent and the Governor satisfied with the information available, the activities of the delinquent are such to warrant his dismissal from service, accordingly, dismissed the delinquent.”, the court added.