Right to Enquiry Upheld: Delhi High Court Rejects Challenge to Sub-Inspector's Reinstatement.
In a recent judgment, the Delhi High Court upheld the Central Administrative Tribunal's (Tribunal) order reinstating a Sub-Inspector (SI) dismissed from the Delhi Police on corruption charges. The crux of the matter revolved around the legality of dismissing a government employee without a departmental enquiry under Article 311(2)(b) of the Indian Constitution.
Facts:
The SI faced dismissal from service following accusations of accepting a bribe and absconding from the scene. The Delhi Police invoked Article 311(2)(b), which empowers dismissal in exceptional circumstances without an enquiry.
Tribunal's Reasoning:
The SI challenged the dismissal before the Tribunal, asserting a violation of his right to natural justice due to the absent departmental enquiry. The Tribunal ruled in the SI's favor, finding the dismissal order devoid of justifiable reasons for bypassing the enquiry process. The Tribunal acknowledged the seriousness of the allegations but emphasized that the gravity of the offense doesn’t abrogate the requirement of an enquiry.
High Court's Concurrence:
The Delhi High Court dismissed the writ petition filed by the Delhi Police against the Tribunal's order. The Court concurred with the Tribunal's reasoning, highlighting the lack of justifiable grounds for dispensing with the enquiry. The Court's decision reinforces the principle that dismissing a government employee without an enquiry necessitates demonstrably justifiable reasons under Article 311(2)(b).
Significance of the Decision:
This judgment underscores the importance of adhering to due process when taking disciplinary action against government employees. The Court's ruling serves as a reminder that even in cases of serious misconduct, the right to a fair hearing, including a departmental enquiry, remains sacrosanct. The decision emphasizes that the gravity of the offense alone cannot circumvent the requirement of an enquiry, ensuring a safeguard against arbitrary dismissals.