Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K High Court Overturns Dismissal Order Due To 'Perverse' Enquiry Findings

Justice Sanjay Dhar, in his judgment held that the Enquiry Officer had failed to consider crucial evidence submitted by the petitioner regarding his illness.

The court clarified that while the scope of judicial review in the case of disciplinary proceedings is very limited in nature but the conclusion arrived at by the Enquiry Officer in disciplinary proceedings has to be based on some cogent material.

The case centred around Ashwani Kumar, a Naik in the SSB, who was granted 10 days leave from 4th August 2002. He fell ill during his leave and was admitted to the Hospital on 12th August 2002. He informed his superiors about his illness and requested an extension of leave. Medical records submitted by Kumar indicated he was subsequently transferred to Government Medical College Hospital, Jammu and Chest Diseases Hospital, Jammu for treatment, finally rejoining duty on 12th March 2003.

However, the SSB charged Kumar with wilful absence from duty and desertion. An enquiry was conducted, and despite Kumar presenting medical certificates as proof of his illness, the Enquiry Officer concluded that both charges were proven. Consequently, Kumar was dismissed from service through an order dated 1st April 2004.

Kumar challenged the dismissal order in the High Court. The petitioner's lawyers argued that the absence from duty was due to a medical condition beyond his control and not willful. The SSB, on the other hand, contended that Kumar did not follow the proper procedure for leave extension and failed to respond to notices asking him to resume duty.

Justice Dhar, while acknowledging the limited scope of judicial review in disciplinary proceedings, emphasized the court's authority to intervene when findings are perverse.

He pointed out that the Enquiry Officer ignored the medical evidence presented by Kumar and reached an unsubstantiated conclusion.

The bench said,

“The petitioner has also produced before the Enquiry Officer medical certificate in Form-4 issued by the Registrar, Government Medical College, Hospital, Jammu which certifies that the petitioner was suffering from Lymphoma Over Chest.. In these circumstances there was enough material before the Enquiry Officer to show that the petitioner was suffering from a serious ailment which prevented him from attending his duties. The Enquiry Officer has ignored this material and reached a conclusion that both the charges stand proved against him”.

The Court further observed, "The Enquiry Officer has arrived at the conclusion that the absence of the petitioner was wilful, without considering the relevant material. The said conclusion, therefore, suffers from perversity and as such, the same is liable to be set aside."

Consequently, the High Court allowed the writ petition and quashed the dismissal order. Kumar was held entitled to all consequential benefits, including back pay and allowances.

Case Title: Ashwani Kumar Vs Union of India

Citation: 2024 LiveLaw (JKL) 85

Ms. Surinder Kour, Sr. Adv with Ms. Ramandeep Kour, Adv represented the petitioner, Mr. Vishal Sharma, DSGI with Mr. Sumant Sudan, Adv. Mr. Eishan Dadchichi, CGSC Mr. Anishwar Chatterji Koul, CGSC appeared for the respondents 

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