Case Note & Summary
The State of Maharashtra and the Commissioner of Police, Navi Mumbai, filed a writ petition challenging an order of the Maharashtra Administrative Tribunal (MAT) dated 15.11.2000 in O.A. No. 646 of 2000. The MAT had set aside the dismissal of the respondent, Dilip Anant Surve, a police constable, from service, holding that the departmental enquiry against him was conducted without authority of law. The MAT relied on its earlier order dated 1.7.1998 in O.A. No. 472 of 1999. The petitioners were given liberty to start a fresh enquiry if they chose to re-start the enquiry to the appropriate Enquiry Officer as per relevant government decisions. Subsequently, a Full Bench of MAT was constituted due to divergent opinions among its Benches on the issue. By order dated 7.6.2002, the Full Bench resolved the issue. The High Court, in the present writ petition, upheld the MAT order, confirming that the enquiry was without authority and vitiated. The court dismissed the petition, but granted liberty to the petitioners to start a fresh enquiry if permissible under law.
Headnote
A) Service Law - Departmental Enquiry - Authority to Hold Enquiry - Bombay Police Act, 1951 - The issue was whether the enquiry officer appointed by the Deputy Commissioner of Police had the authority to conduct the departmental enquiry against the respondent police constable. The court held that the enquiry was without authority of law and vitiated, as the appointment was not in accordance with the relevant government decisions and rules. The MAT order setting aside the dismissal was upheld, with liberty to start fresh enquiry if permissible. (Paras 1-2)
Issue of Consideration
Whether the departmental enquiry against the respondent police constable was conducted by an officer who had the authority to hold such enquiry under the relevant rules and government decisions.
Final Decision
The High Court dismissed the writ petition, upholding the MAT order dated 15.11.2000. The petitioners were granted liberty to start a fresh enquiry if permissible under law.
Law Points
- Departmental enquiry must be conducted by an officer duly authorised under the relevant statutory rules or government decisions
- Enquiry conducted by an officer without authority is void ab initio
- Liberty to start fresh enquiry if permissible under law
Case Details
2005 LawText (BOM) (03) 175
Writ Petition No. 4622 of 2003
F.I. Rebello, S.P. Kukday
Mr. N.P. Deshpande, A.G.P. for Petitioner, Mr. V.V. Pai for respondents
The State of Maharashtra through the Principal Secretary, Government of Maharashtra, Home Department, Mantralaya, Mumbai 400 032 & The Commissioner of Police, Navi Mumbai
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Nature of Litigation
Writ petition challenging the order of the Maharashtra Administrative Tribunal (MAT) setting aside the dismissal of a police constable from service.
Remedy Sought
The State of Maharashtra and the Commissioner of Police sought to quash the MAT order dated 15.11.2000 in O.A. No. 646 of 2000.
Filing Reason
The petitioners challenged the MAT order on the ground that the departmental enquiry was validly conducted.
Previous Decisions
MAT by order dated 15.11.2000 in O.A. No. 646 of 2000 set aside the dismissal of the respondent, holding that the departmental enquiry was without authority of law, relying on its earlier order dated 1.7.1998 in O.A. No. 472 of 1999. Subsequently, a Full Bench of MAT by order dated 7.6.2002 resolved the issue of divergent opinions.
Issues
Whether the departmental enquiry against the respondent was conducted by an officer who had the authority to hold such enquiry under the relevant rules and government decisions.
Submissions/Arguments
The petitioners argued that the enquiry was validly conducted.
The respondent supported the MAT order.
Ratio Decidendi
A departmental enquiry conducted by an officer without authority of law is void ab initio. The order of dismissal based on such an enquiry cannot be sustained. However, the employer may be permitted to start a fresh enquiry if permissible under the relevant rules and government decisions.
Judgment Excerpts
The State of Maharashtra has challenged the order of MAT dated 15.11.2000 in O.A. No. 646 of 2000 relying on its earlier Order dated 1.7.1998 in O.A. No. 472 of 1999.
By that order, it has been held that the departmental enquiry held against the respondent, delinquent employee was without authority of law and hence vitiated and consequently set aside the impugned order imposed on the respondent which was by way of dismissal from service.
Procedural History
The respondent, a police constable, was dismissed from service following a departmental enquiry. He challenged the dismissal before the Maharashtra Administrative Tribunal (MAT) in O.A. No. 646 of 2000. MAT, by order dated 15.11.2000, set aside the dismissal, holding that the enquiry was without authority of law, relying on its earlier order dated 1.7.1998 in O.A. No. 472 of 1999. The State and the Commissioner of Police filed a writ petition in the Bombay High Court challenging the MAT order. The High Court dismissed the petition, upholding the MAT order, but granted liberty to start a fresh enquiry if permissible.
Acts & Sections
