Power To Dispense With Disciplinary Inquiry Cannot Be Used Casually To Impose Major Penalty: Uttarakhand High Court

The Uttarakhand High Court has held that a disciplinary inquiry cannot be dispensed with in a routine or arbitrary manner while imposing a major penalty. The Court observed that the power to dispense with inquiry must be exercised only in exceptional circumstances and for valid reasons.Justice Manoj Kumar Tiwari was hearing a writ petition filed by a police constable challenging his dismissal from service by an order dated 24.05.2020, passed by the Senior Superintendent of Police. The petitioner was dismissed on the allegation that he misbehaved with a lady at a quarantine centre during the COVID-19 lockdown and was found under the influence of liquor. The petitioner contended that the dismissal order was passed on the same day as the alleged incident without conducting any inquiry or providing an opportunity for a hearing, in violation of applicable rules and constitutional safeguards. The State justified the action on the basis of a report submitted by the Circle Officer on the same day.The Court examined the record and found that no disciplinary inquiry was conducted before passing the dismissal order. It noted that although the rules permit dispensing with inquiry in certain situations, such power is conditional upon recording reasons showing that holding an inquiry is not reasonably practicable.“The power to dispense with disciplinary inquiry is meant to be used in exceptional circumstances, when conducting disciplinary inquiry is not reasonably practicable…,” the Court observed.The Court held that such power cannot be exercised casually and must be based on objective material, such as a threat to witnesses, a breakdown of discipline, or other circumstances making an inquiry impracticable. The Court noted that the dismissal order was passed on the same day as the alleged incident without any effort to conduct an inquiry, and the decision to dispense with an inquiry was taken mechanically without application of mind. It held that mere availability of power does not justify its exercise in the absence of valid reasons. It observed:“Availability of a power in itself cannot be a valid justification for use of that power, especially when such power curtails the legal/ constitutional right available to a citizen, and there must be a valid reason for use of such extraordinary power.”The Court concluded that the invocation of the power to dispense with inquiry was not justified in the present case and that the dismissal order could not be sustained in law.Accordingly, the High Court allowed the writ petition, set aside the dismissal order and the appellate order, directed reinstatement of the petitioner with continuity of service and 50% back wages, and granted liberty to the disciplinary authority to initiate fresh disciplinary proceedings in accordance with law within three months.Case Title: Jagdish Nath vs. State of Uttarakhand & Ors. [Writ Petition Service Single No. 2199 of 2022]Click Here To Read/Download Order

Power To Dispense With Disciplinary Inquiry Cannot Be Used Casually To Impose Major Penalty: Uttarakhand High Court

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Power To Dispense With Disciplinary Inquiry Cannot Be Used Casually To Impose Major Penalty: Uttarakhand High Court

Saksham Vaishya

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