'Dismissal From Service Not Based On Evidence': Patna High Court Reinstates Police Constable Dismissed For Celebrating Birthday With Lady Constable

The Patna High Court on Wednesday (Aug. 21) upheld the reinstatement of the Police Constable who was dismissed from the service on account of allegation of celebrating a birthday party with a Probationer Lady Constable.

The Police Constable was dismissed for the alleged misconduct from the service by the enquiry officer without leading evidence. The dismissal was solely based on the hearsay evidence provided by the officers who conducted the preliminary enquiry.

The bench comprising Chief Justice K. Vinod Chandran and Justice Partha Sarthy while affirming the Single Judge order observed that the enquiry officer erred in dismissing the Constable without leading the evidence.

The Court said that since the dismissal was based on no valid evidence, therefore there cannot be said to be any dismissal and the enquiry officer cannot be given another chance to rectify such defect when he had an opportunity in a properly constituted enquiry to lead such evidence.

“We find absolutely no reason to accede to the request of the learned Advocate General to grant a remand for the purpose of producing valid evidence. The Disciplinary Authority/the Department had an opportunity in a properly constituted enquiry proceeding and if such evidence was not led, the punishment of dismissal has to be found to be imposed on no valid evidence. We perfectly agree with the findings in the impugned judgment of the learned Single Judge and dismiss the appeal in limine.”, the court said.

However, the court clarified that the case would have been remanded to the enquiry officer if the respondent/constable was not provided an opportunity for a hearing during the proceedings before the enquiry officer.

While refusing to remand the case to the enquiry officer, the Court referred to the case of Union of India v. P. Gunasekaran; (2015) 2 SCC 610 where the Supreme Court held that it is permissible for the High Court under Article 226/227 to interfere when the finding of fact is based on no evidence.

The Court added that if in every case where no valid evidence is led at the enquiry proceedings, there is a remand made than it would be offering a premium to the negligence of the Management/ Disciplinary Authority and condoning the levity with which the departmental enquiry was conducted.

Accordingly, the appeal preferred by the State against the Single Bench decision was dismissed.

Case Title: The State of Bihar & Ors. Versus Vikash Kumar @ Vikas Kumar, Letters Patent Appeal No.446 of 2024

Citation: 2024 LiveLaw (Pat) 67

Click here to read/download the judgment