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VIGILANCE MANUAL VOLUME III - AP Online

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DECISION - 240<br />

529<br />

Security of the State cannot be confined to an armed rebellion or<br />

revolt for there are various ways in which the security of the State<br />

can be affected such as by state secrets or information relating to<br />

defence production or similar matters being passed on to other<br />

countries whether inimical or not to India, or by secret links with<br />

terrorists. The way in which the security of the State is affected<br />

may be either open or clandestine. Disaffection in any armed<br />

force or paramilitary force or police force is likely to spread because<br />

dissatisfied and disaffected members of such a Force spread<br />

dissatisfaction among other members of the force and thus induce<br />

them not to discharge their duties properly and to commit acts of<br />

indiscipline, insubordination or disobedience to the orders of their<br />

superiors. Such a situation cannot be a matter affecting only law<br />

and order or public order but is a matter vitally affecting the security<br />

of the State. The interest of the security of the State can be affected<br />

by actual or even by the likelihood of such acts taking place. In an<br />

inquiry into acts affecting the interest of the security of the State,<br />

several matters not fit or proper to be made public, including the<br />

source of information involving a civil servant in such acts, would<br />

be disclosed and thus in such cases an inquiry into acts prejudicial<br />

to the interest of the security of the State would as much prejudice<br />

the interest of the security of the State as those acts themselves<br />

would. The condition for the application of clause (c) of the second<br />

proviso to Art, 311(2) is the satisfaction of the President or the<br />

Governor, as the case may be, that it is not expedient in the interest<br />

of the security of the State to hold a disciplinary inquiry. Such<br />

satisfaction is not required to be that of the President or the<br />

Governor personally but of the President or the Governor as the<br />

case may be, acting in the constitutional sense.<br />

Members of Madhya Pradesh District Police Force and<br />

Madhya Pradesh Special Armed Force are involved. Members of<br />

these two forces, in order to obtain the release on bail of two of<br />

their colleagues involved in an incident in the annual mela at<br />

Gwalior in which one

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