Case Note & Summary
The case involved the State of Haryana appealing against the High Court's decision to allow writ petitions filed by members of the Haryana Police Force who were removed from service due to alleged misconduct. The respondents were accused of refusing to participate in a departmental enquiry, destroying documents, and threatening senior officers. The State invoked Article 311(2)(b) of the Constitution, arguing that the circumstances made it impractical to conduct an enquiry. The High Court found in favor of the respondents, leading to the State's appeal. The Supreme Court analyzed the provisions of Article 311(2)(b) and emphasized that the authority's decision to dispense with an enquiry must be based on objective facts rather than arbitrary discretion. The Court concluded that the reasons cited by the disciplinary authority did not justify the absence of an enquiry, as the delinquents were head constables and the enquiry could have proceeded ex parte. Consequently, the Supreme Court upheld the High Court's decision, dismissing the appeals without costs and allowing the State to resume the enquiry from the point it was deemed vitiated.
Headnote
A) Constitutional Law - Article 311 - Dispensing with Departmental Enquiry - The authority must demonstrate that it is not reasonably practicable to hold an enquiry - Article 311(2)(b) of the Constitution mandates that the authority's satisfaction must be based on objective facts, not merely on its discretion. The court held that the reasons for dispensing with the enquiry were insufficient and did not meet the criteria of 'not reasonably practicable' as per the constitutional provision (Paras 5-6).
Issue of Consideration
Whether the High Court erred in allowing the writ petitions filed by the respondents against their removal from service without a departmental enquiry.
Final Decision
The Supreme Court dismissed the appeals, agreeing with the High Court's view that the reasons for dispensing with the enquiry were insufficient and did not meet the constitutional standard.
Law Points
- Article 311
- departmental enquiry
- misconduct
- reasonable opportunity
- judicial review
