Court Orders Reinstatement and Partial Salary Arrears, Citing Lack of Disciplinary Inquiry
News Report: The Uttarakhand High Court has set aside the dismissal of Jagdish Nath, a police constable, who was terminated from service on May 24, 2020, without a disciplinary inquiry. The ruling, delivered by Justice Manoj Kumar Tiwari, emphasized the illegality of bypassing due process as per Rule 8(2)(b) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991.
The court highlighted the importance of conducting a disciplinary inquiry unless exceptional circumstances justify its omission. In this case, the dismissal was executed on the same day as the alleged misconduct, without providing Nath an opportunity to defend himself, thus violating Article 311(1) of the Constitution, which protects government servants from arbitrary dismissal.
Justice Tiwari criticized the disciplinary authority for failing to record valid and explicit reasons for dispensing with the inquiry. The dismissal order merely echoed the language of the rule without substantiating the decision with objective facts, as required by law.
Referring to the Supreme Court's judgment in Union of India v. Tulsi Ram Patel, the court reiterated that the power to bypass an inquiry should not be used casually or to cover weak cases. The court found no evidence of circumstances like witness intimidation or threats that would justify such a decision.
Consequently, the High Court ordered Nath's reinstatement with continuity of service, limiting his salary arrears to 50%. It also granted liberty to the disciplinary authority to initiate fresh proceedings within three months, ensuring compliance with legal standards.
Bottom line:-
The disciplinary authority cannot invoke Rule 8(2)(b) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991, to dispense with a disciplinary inquiry in a routine or casual manner; valid and plausible reasons must be recorded for such an action.
Statutory provision(s): Article 311 of the Constitution of India, Rule 8(2)(b) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991.
Jagdish Nath v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2884401
