Early Times Report
SRINAGAR, Jan 2: Jammu and Kashmir High Court has ordered reinstating of a constable who was 'compulsorily retired' from services of paramilitary CRPF, observing that that departmental enquiry against the Government servant cannot be treated as a "casual exercise" and that principals of natural justice cannot be given a goby. The petitioner S Ball Reddy was compulsorily retired in 2017 and he had challenged the order before Jammu and Kashmir High Court.
"Testing the instant case on the touchstone of the above rule position, it appears that the respondents (CRPF) have not followed the procedure in vogue and have, instead, thrown out the petitioner with a premeditated design to divest him of his right to participate in the enquiry proceedings," a bench of Justice Ali Mohammad Magrey observed.
"An opportunity of being heard is the 'sine-qua-non' of every enquiry and in case of any major punishment, compulsorily retiring the petitioner in the instant case, reasons justifying so have to be spelt out," the court said, underling that it is a basic requirement of the principles of natural justice that an employee be given a reasonable opportunity of being heard in any proceedings which may culminate in a punishment being imposed on the employee. "Furthermore, when a departmental enquiry is conducted against the Government servant, it cannot be treated as a casual exercise. The enquiry proceedings also cannot be conducted with a closed mind. The enquiry officer has to be wholly unbiased," the court said, adding, "The principles of natural justice are required to be observed to ensure not only that justice is done, but is manifestly seen to be done."
The object of rules of natural justice, the court said, is to ensure that a Government servant is treated fairly in proceedings which may culminate in imposition of punishment including dismissal, removal, or compulsory retirement from service. However, the court said, the principles of natural justice appear to have been violated with impunity in this case.
"The defense of the petitioner has been shut by deception and the conduct of a full dressed enquiry has been given a complete go by." In view of the enunciation of law, the court said, the condition precedent for initiating a disciplinary action against a public servant is not only the conduct of an enquiry, but it should also appear that due adherence and strict compliance to the manner and procedure as laid down under Rules has been followed in its letter and spirit and any deviation thereof will render the order imposing penalty bad and liable to be set aside. |
