Case Note & Summary
The appellant, Sub Inspector Sanjay Kumar, while posted at Police Station Hanumanganj, District Khushinagar, Uttar Pradesh, was subjected to a penalty of censure vide office order dated 16th November, 2021 issued by the Additional Chief Secretary, Home (Police), and a consequent censure entry was directed to be recorded in his service book via letter dated 7th March, 2022 by the Superintendent of Police. The penalty was imposed on the ground that the appellant did not show expected interest in disposal of investigations, which was termed as gross negligence, indifference and selfishness. The appellant challenged these orders before the Allahabad High Court by way of a writ petition, which was dismissed by the learned Single Judge. An intra-court appeal was also dismissed by the Division Bench. Hence, the appellant approached the Supreme Court by special leave. The core legal issue was whether the imposition of censure without issuing a show cause notice violated the principles of natural justice and the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. The appellant argued that no opportunity to show cause was afforded before imposing the penalty, and the High Court dismissed the writ petition without requiring the State to file a reply, leaving the appellant's assertions uncontroverted. The State contended that a notice was issued by the Circle Officer and the appellant's reply was considered unsatisfactory. The Supreme Court examined Rule 5 read with Rule 14(2) of the Rules, 1991, which mandates that before imposing a minor penalty like censure, the police officer must be informed in writing of the action proposed and the imputations, and given a reasonable opportunity to make a representation. The Court found that the notice by the Circle Officer was not a statutory show cause notice under Rule 14(2) and that the impugned orders were passed without following the prescribed procedure. Consequently, the Court allowed the appeal, set aside the impugned orders, and directed that the censure entry be expunged from the appellant's service record.
Headnote
A) Service Law - Censure - Minor Penalty - Rule 14(2) of Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 - Principles of Natural Justice - The appellant, a Sub-Inspector, was imposed a penalty of censure without being issued a show cause notice or given an opportunity to make a representation against the proposed action. The court held that the procedure under Rule 14(2) mandates that a police officer must be informed in writing of the action proposed and the imputations, and given a reasonable opportunity to make a representation. The failure to do so vitiates the penalty. (Paras 14-16) B) Service Law - Censure - Adverse Entry - Rule 5 read with Rule 14(2) of Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 - The impugned order dated 16th November, 2021 and the consequent communication dated 7th March, 2022 directing censure entry were set aside as they were passed without following the mandatory procedure. The court observed that the respondents' contention that a notice was given by the Circle Officer was not a substitute for the statutory notice required under Rule 14(2). (Paras 15-16)
Issue of Consideration
Whether the direction to record the censure entry in the appellant's service book suffers from the vice of non-adherence to the principles of natural justice and whether the said action is dehors the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order dated 16th November, 2021 and the consequent communication dated 7th March, 2022, and directed that the censure entry be expunged from the appellant's service record.
Law Points
- Principles of natural justice
- Show cause notice
- Censure
- Minor penalty
- Rule 14(2) of Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules
- 1991
- Opportunity of hearing
