Case Note & Summary
The case arises from a writ petition filed by A. Raja, an auto driver belonging to the Scheduled Caste community, alleging that on 11.07.2016, while he was with his wife and son at Chengam Market Street, a wordy quarrel occurred between him and his wife. The appellants, who were police officers in uniform, intervened and allegedly brutally attacked the petitioner, his wife, and son, using abusive language. The writ petitioner sought compensation and action against the police officers. The learned Single Judge, relying on the report of the Revenue Divisional Officer and a videograph, passed an order directing the third respondent to initiate departmental proceedings against the appellants, pay compensation of Rs.50,000 each to the three victims (to be recovered from the appellants), register an FIR against the appellants, complete investigation within twelve weeks, and keep the appellants under suspension till completion of disciplinary proceedings. The appellants, who were respondents 5 to 7 in the writ petition, challenged this order on the ground that no notice was served upon them before the order was passed, and they were not afforded any opportunity of hearing. The Division Bench of the Madras High Court, comprising Justice S.M. Subramaniam and Justice K. Surender, heard the appeal. The court noted that the order was passed without issuing any notice to the appellants, which is a gross violation of the principles of natural justice. The court held that the order cannot be sustained and set it aside. The matter was remitted back to the learned Single Judge for fresh consideration after issuing notice to the appellants and affording them an opportunity of being heard. The court clarified that it had not expressed any opinion on the merits of the case and that the learned Single Judge would decide the matter afresh in accordance with law. The appeal was allowed, and the connected miscellaneous petitions were closed.
Headnote
A) Constitutional Law - Natural Justice - Right to be Heard - Order passed without notice to the affected parties is violative of principles of natural justice - The learned Single Judge directed compensation, departmental proceedings, FIR registration, and suspension against the appellants without issuing any notice to them - Held that such an order cannot be sustained as it was passed in gross violation of the principles of natural justice (Paras 4-5). B) Administrative Law - Disciplinary Proceedings - Suspension - Suspension pending disciplinary proceedings cannot be ordered without affording an opportunity of hearing to the concerned employee - The direction to keep the appellants under suspension till completion of disciplinary proceedings was set aside - Held that the appellants are entitled to be heard before any adverse order is passed (Para 5). C) Criminal Law - Registration of FIR - Direction by Writ Court - The writ court directed registration of FIR against the appellants - However, since the order was passed without notice to the appellants, the direction is unsustainable - Held that the matter requires reconsideration after hearing the appellants (Para 5).
Issue of Consideration
Whether the learned Single Judge could pass an order directing payment of compensation, initiation of departmental proceedings, registration of FIR, and suspension of the appellants without issuing notice to them and affording an opportunity of hearing.
Final Decision
The appeal is allowed. The order dated 30.10.2023 passed in W.P.No.24290 of 2016 is set aside. The matter is remitted back to the learned Single Judge for fresh consideration after issuing notice to the appellants and affording them an opportunity of being heard. The learned Single Judge shall decide the matter afresh in accordance with law. No costs. Consequently, the connected miscellaneous petitions are closed.
Law Points
- Natural justice
- right to be heard
- notice before adverse order
- compensation without opportunity
- suspension without hearing
- writ jurisdiction limits
