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Sub Inspector Sanjay Kumar vs The State of Uttar Pradesh & Ors.

Not available · 2024 INSC 745Decided 27 Sept 2024
Not available

Background

Sanjay Kumar, a Sub-Inspector of Police in Uttar Pradesh, was identified as one of the worst-performing investigating officers in his district for failing to complete a number of pending investigations, following a review by the Chief Minister. He was issued a show-cause notice, submitted an explanation (citing VIP and other duties), but was nonetheless condemned by an office order of the Additional Chief Secretary (Home) for "gross negligence, indifference and selfishness," leading the Superintendent of Police to record a censure entry in his service book. His writ petition and writ appeal against this censure before the Allahabad High Court were both dismissed, prompting his appeal to the Supreme Court on the ground that no proper opportunity to show cause had been given before the penalty was imposed.

Decision Breakdown

The Supreme Court examined the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991, which require that before a minor penalty like censure is imposed, the officer must be informed in writing of the proposed action and given a reasonable opportunity to respond. The Court found that this procedure had, in substance, been followed: a notice was issued to Kumar seeking an explanation for the pending investigations, he responded, his explanation was considered (and found unsatisfactory) as part of a detailed report, and only then was the censure order passed by the Superintendent of Police, who was the competent authority under the Rules. Since due process had been observed and the penalty was imposed by the properly empowered officer, the Court held there was no violation of natural justice and upheld the High Court's dismissal of the appellant's challenge.

Lesson Learnt

A disciplinary penalty will not be struck down for lack of natural justice merely because the officer feels it was severe or unfair on the facts, as long as the rules' minimum procedural safeguards (written notice of the charge and a genuine chance to respond) were actually followed and the penalty was imposed by the competent authority, courts will not interfere.

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

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