Case Note & Summary
The case involved a policeman who was dismissed from service based on allegations of instigating fellow officers to cause indiscipline. The dismissal order was issued by the Assistant Inspector-General of Police, who claimed that a departmental enquiry could not be held due to threats made by the appellant. The appellant appealed against the dismissal, asserting that the action was mala fide and lacked justification for bypassing the enquiry process mandated by Article 311(2) of the Constitution. The High Court dismissed his writ petition in limine, prompting the appellant to seek special leave to appeal to the Supreme Court. The Supreme Court analyzed the legality of the dismissal, emphasizing that the authority's satisfaction must be based on objective facts rather than subjective claims. The court noted that the allegations against the appellant were not supported by independent evidence, and previous enquiries had been conducted without issue. Consequently, the court held that the dismissal was arbitrary and ordered the appellant's reinstatement with all monetary benefits from the date of dismissal.
Headnote
A) Constitutional Law - Dismissal from Service - Justification for Dispensing with Enquiry - Constitution of India, 1950, Article 311(2) - The authority must demonstrate that it is not reasonably practicable to hold a departmental enquiry based on objective facts, not mere subjective satisfaction. The court found that the reasons provided for dispensing with the enquiry were not substantiated by independent material, leading to the conclusion that the dismissal was arbitrary. Held that the dismissal order could not be sustained (Paras 363C, 363E).
Issue of Consideration
Whether the dismissal of the appellant from service without a departmental enquiry was justified under Article 311(2) of the Constitution.
Final Decision
The Supreme Court allowed the appeal, holding that the dismissal order was arbitrary and not supported by independent evidence. The court directed the appellant's reinstatement in service with all monetary benefits from the date of dismissal.
Law Points
- Judicial review
- Article 311(2)
- departmental enquiry
- subjective satisfaction
- mala fide action
