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Risal Singh v. State of Haryana

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2839 of 2011)Decided 13 May 2014
Civil Appeal No. 2839 of 2011
Justice Dipak Misra · Justice N.V. Ramana

Background

A Haryana police officer was dismissed after a television sting allegedly showed him involved in corruption. The superintendent invoked Article 311(2)(b) to dispense with a disciplinary inquiry, explaining the seriousness of the allegations but not why an inquiry was impracticable. The High Court upheld the dismissal as necessary prompt action.

Decision Breakdown

The Court allowed the appeal and set aside both the dismissal and the High Court order. Dispensing with an inquiry required recorded reasons showing that holding it was not reasonably practicable. Serious allegations and concern for the force's reputation did not supply those missing reasons. As the officer had since retired, he was deemed in service until retirement and entitled to consequential benefits, with arrears payable within three months. Lawful disciplinary proceedings remained possible, with time spent in court excluded for limitation purposes, but the Court did not require their initiation.

Lesson Learnt

A government employer cannot skip the constitutional inquiry safeguard simply because alleged misconduct is grave. A dismissal overturned for that procedural defect does not necessarily prevent a properly conducted disciplinary case.

Official source (sci.gov.in)View Judgment (PDF)

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