Acquittal in criminal case - Disciplinary inquiry on same set of charges Termination order quashed

Punjab and Haryana High Court Upholds Quashing of BSF Constable's Termination, Court Finds Disciplinary Proceedings Unjust; Acquittal in Criminal Case Reinforces Decision

In a significant ruling, the Punjab and Haryana High Court has upheld the quashing of a termination order against Constable Jasvir Singh of the Border Security Force (BSF), finding the disciplinary proceedings against him to be unjust and in violation of the principles of natural justice. The court noted that the disciplinary inquiry relied on the same set of charges and evidence as a criminal case in which Singh was acquitted.

The case began when a complaint was lodged by one Hari Singh, alleging that Jasvir Singh had misused his brother's educational certificates to secure his position in the BSF, asserting that his real name was Mohinder Pal. However, the complainant's credibility was questioned due to his inimical relations with Singh's brother and his own criminal conviction for fabricating documents.

The learned Single Judge initially quashed the termination order, finding that Singh was denied a fair opportunity to cross-examine witnesses during the disciplinary proceedings. This decision was challenged by the Union of India, arguing that the opportunity was provided but not availed by Singh. The Union also sought the liberty to conduct a fresh inquiry.

However, the High Court noted that key witnesses, including the complainant and Singh's father, had died, rendering any fresh inquiry futile. Moreover, the criminal court's acquittal of Singh on the same charges, with a finding that the allegation of misusing educational certificates was not established, further supported the decision to quash the termination.

Relying on precedents set by the Supreme Court in cases like "G.M. Tank v. State of Gujarat" and "Maharana Partap Singh v. State of Bihar," the High Court emphasized that disciplinary proceedings must adhere to principles of fairness and justice. The court observed that only three out of fifteen witnesses were examined during the inquiry, and critical testimonies were collected before the inquiry's constitution, denying Singh a genuine opportunity for cross-examination.

Ultimately, the Division Bench, comprising Justices Ashwani Kumar Mishra and Rohit Kapoor, found no error in the Single Judge's decision, affirming that the inquiry was conducted in violation of natural justice. The court concluded that remitting the inquiry for reconsideration would serve no purpose, given the absence of key witnesses and the prior acquittal in the criminal case.

The appeal by the Union of India was dismissed, reinforcing the importance of fair and just disciplinary proceedings in service law. All pending miscellaneous applications related to the case were also disposed of.

Bottom Line:

Disciplinary proceedings - Acquittal in criminal case on same set of charges - Disciplinary inquiry relying upon same witnesses and evidence - Inquiry proceedings set aside as being unfair and unjust - Termination order quashed.

Statutory provision(s): Section 151 of CPC, 1908; Section 5 of Limitation Act, 1963

Union of India v. Constable Jasvir Singh, (Punjab And Haryana)(DB) : Law Finder Doc id # 2810752