Facts of the Case
A Police Constable serving under the State Government was dismissed from service on the allegation of misconduct. The dismissal order was passed by the competent disciplinary authority. However, no charge sheet was served, no departmental enquiry was conducted, and the constable was not given any opportunity to defend himself or explain the charges. The dismissal was effected directly, resulting in loss of employment, salary, and future service benefits. Aggrieved by the action, the constable challenges the dismissal before the court, alleging violation of the principles of natural justice and constitutional safeguards.
Issues in the Case
- Whether dismissal from service without giving an opportunity of hearing violates principles of natural justice.
- Whether Article 311 of the Constitution applies to dismissal of a police constable.
- Whether disciplinary action without enquiry is arbitrary and unconstitutional.
- Whether the dismissal order is liable to be quashed under judicial review.
Legal Principles Covered to Support Case Proceedings and Judgements
Under Article 311(2) of the Constitution of India, a civil servant cannot be dismissed, removed, or reduced in rank without being given a reasonable opportunity of being heard. Police personnel are civil servants and enjoy constitutional protection.
The principle of audi alteram partem is a core component of natural justice and applies to disciplinary proceedings. In Union of India v. Tulsiram Patel (1985), the Supreme Court held that enquiry may be dispensed with only in exceptional circumstances expressly provided under Article 311(2), such as national security or impracticability.
In D.K. Yadav v. J.M.A. Industries Ltd. (1993), the Court ruled that termination affecting livelihood without fair procedure violates Article 21. Similarly, in State of Uttar Pradesh v. Shatrughan Lal (1998), dismissal without enquiry was held invalid.
Thus, denial of opportunity to defend renders the dismissal illegal.
Possible Judgement
The court is likely to hold that the dismissal of the Police Constable without issuing a charge sheet, conducting enquiry, or granting opportunity of hearing is unconstitutional and violative of Article 311 and principles of natural justice. The dismissal order will be quashed, and the constable may be reinstated with consequential benefits, or the matter may be remitted for a fresh disciplinary enquiry following due process of law.
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