Dispensing with disciplinary enquiry requires genuine recorded reasons; arbitrary removal without enquiry was invalid and set aside.

Standing Order 32 was construed as permitting removal without a disciplinary enquiry only where recorded reasons genuinely showed that holding an enquiry was inexpedient or prejudicial to security interests. The power to dispense with enquiry was distinct from the power to impose punishment, and the recorded reasons had to be relevant and capable of limited judicial review to test whether they were genuine or a cover for arbitrary action. On the facts, the employer failed to show valid, objective reasons for bypassing the enquiry, so the removal was arbitrary, contrary to natural justice, and invalid. Reinstatement with consequential relief followed.

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Issues: Whether the employer could lawfully dispense with the disciplinary enquiry and remove the workman from service under Standing Order 32, and whether the removal order was sustainable.

Analysis: Standing Order 32 was construed as permitting dismissal without following Standing Order 31 only where the General Manager was satisfied, for recorded reasons, that it was inexpedient or against security interests to continue employment. The power to dispense with enquiry was held to be distinct from the power to impose punishment, and reasons had to show why holding an enquiry was not reasonably practicable or otherwise legally justified. The Court held that the recorded reasons must be germane to the issue and are open to limited judicial review to test whether they are a genuine basis for dispensing with enquiry or merely a cloak for arbitrary removal. On the facts, the order and the supporting record did not disclose valid, objective, and relevant reasons for dispensing with the enquiry, and the employer's action was found to be arbitrary and contrary to natural justice.

Conclusion: The removal from service was held invalid, and the appellant was entitled to reinstatement with consequential monetary relief.

Final Conclusion: The appeal succeeded, the dismissal was set aside, and consequential relief was granted to remove the stigma and compensate the appellant.

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