Supreme Court Upholds Departmental Enquiry Against Suspended ICS Officer Under Public Servants (Inquiries) Act, 1850. The Court Held That 'Misbehaviour' is Not Vague and That the Enquiry Procedure Does Not Violate Articles 14, 16 and 20(3) of the Constitution.

Writ petition under Article 226 against government order directing departmental enquiry under Public Servants (Inquiries) Act, 1850

Appellant sought striking down of order of Government of Punjab directing enquiry against him under Public Servants (Inquiries) Act, 1850

Appellant alleged that no enquiry could be held under Inquiries Act because FIRs had been lodged; that 'misbehaviour' was vague; that Inquiries Act violated Articles 14, 16, 20(3); and that government acted mala fide.

Punjab High Court in Civil Writ No. 954 of 1961 dismissed the writ petition rejecting all contentions; appeal by special leave to Supreme Court.

Whether departmental enquiry under Public Servants (Inquiries) Act, 1850 is barred when FIRs under CrPC have been filed and then consigned as untraced Whether the word 'misbehaviour' in Section 2 of the Act is vague and unconstitutional Whether the procedure under the Inquiries Act is more drastic than All India Services (Discipline and Appeal) Rules and violates Article 14 Whether the Inquiries Act violates Articles 16 and 20(3) of the Constitution Whether the Government order was mala fide

Appellant contended that no enquiry could be held under the Inquiries Act because first information reports had already been lodged under the Code of Criminal Procedure in respect of the same acts; Section 5 of CrPC barred parallel procedure. Appellant argued that the word 'misbehaviour' in Section 2 was too vague and gave the Government uncontrolled and uncanalised power to subject Government servants to enquiry. Appellant submitted that an enquiry under the Inquiries Act was more drastic and less advantageous than one under the All India Services (Discipline and Appeal) Rules, 1955, violating Article 14. Appellant asserted that the Inquiries Act violated Articles 16 and 20(3) of the Constitution and was therefore invalid. Appellant alleged that the Government had acted mala fide in ordering the enquiry. Respondent State defended the order, arguing that the Government was entitled to hold a departmental enquiry despite the criminal cases being untraced, that 'misbehaviour' was a well-understood term, that the Inquiries Act was not discriminatory, and that no mala fide existed.

A departmental enquiry under the Public Servants (Inquiries) Act, 1850 is not barred by the filing of a first information report or by the fact that a criminal case is pending or has been closed as untraced. The word 'misbehaviour' in Section 2 is not vague and includes any dishonest act of a government servant. The procedure under the Act is not more drastic or less advantageous than the All India Services (Discipline and Appeal) Rules, 1955, and therefore does not violate Article 14. The Act does not violate Articles 16 or 20(3), and the order of enquiry was not malafide.

The word 'misbehaviour' as used in s. 2 of the Inquiries Act is not vague. There is no legal bar to the Government ordering a departmental enquiry even in a case where a First Information Report under s. 154 having been lodged, an investigation will follow. It cannot be said a provision that an accused shall be required to make his defence amounts to compelling him to be a witness against himself. The Government of the Punjab had not acted mala fide in ordering an enquiry against the appellant.

Appellant joined Indian Civil Service in 1938 and served Punjab Government since 1948. Suspended on 18 July 1959 while serving as Commissioner Ambala Division. Criminal cases instituted from December 1958 onwards, including Dhingra complaint (FIR recorded 4 March 1959) and Daryao Singh report (forwarded for registration on 25 May 1960). Criminal cases transferred to courts subordinate to Allahabad High Court; two cases dropped by Additional District Magistrate Saharanpur in March-April 1961. On 25 May 1961, both Dhingra and Daryao Singh cases consigned to record as untraced by Magistrate orders. On 26 May 1961, Governor of Punjab ordered formal public inquiry under Public Servants (Inquiries) Act, 1850, appointing Mr. Justice D. Falshaw of Punjab High Court as Commissioner. Notice served; enquiry scheduled to begin 28 August 1961. Appellant filed writ petition under Article 226 on 18 July 1961. Punjab High Court dismissed writ petition on 9 August 1961. Appeal by special leave to Supreme Court; judgment delivered 2 August 1963.

• Public Servants (Inquiries) Act, 1850: Section 2
• All India Services (Discipline and Appeal) Rules, 1955:
• Code of Criminal Procedure: Sections 5, 154, 173
• Constitution of India: Articles 14, 16, 20(3)
• Indian Penal Code: Sections 107, 109, 120B, 145, 166, 167, 168, 406, 420, 465
• Prevention of Corruption Act, 1947: Sections 5(2), 6(c), 55(2)