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SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA, JJ.
Sub Inspector Sanjay Kumar – Appellant
Versus
State Of Uttar Pradesh & Ors. – Respondents
Civil Appeal No(S).10894 of 2024(Arising out of SLP(Civil) No(s). 12891 of 2022)
Decided on : 27-09-2024
Service Law – Punishment – Censure entry in Service Book – Superintendent of Police was having jurisdiction to award minor penalty of censure to appellant who was, at relevant point of time, posted as Sub-Inspector of Police – Appellant did not show interest in disposal of investigations which was treated to be a sign of gross negligence, indifference and selfishness while performing duties and was thus highly condemnable – Contention advanced by counsel for appellant that censure entry was directed to be recorded by an Officer who was not competent and that same suffers from vice of non-adherence to rules/principles of nature justice is not tenable – Appeal dismissed. [Uttar Pradesh Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 – Rules 5, 7 and 14] (Paras 19, 20 and 22)
Facts of the case:
Short question requiring consideration is, whether direction to record censure entry in appellant’s service book suffers from vice of non-adherence to principles of natural justice and whether action is de hors Uttar Pradesh Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991.
Findings of Court:
High Court committed no error whatsoever in rejecting writ petition and writ appeal preferred by appellant, assailing censure entry.
Result : Appeal dismissed.
JUDGMENT :
Mehta, J.
1. Heard.
2. Leave granted.
3. The appellant herein, while being posted as Sub-Inspector at Police Station Hanumanganj, District Khushinagar, Uttar Pradesh, was condemned for gross negligence, indifference and selfishness in discharge of duties vide office order dated 16th November, 20211[In short ‘impugned order’.] issued by the Additional Chief Secretary, Home (Police). As a consequence, he was handed down a penalty of censure vide letter dated 7th March, 2022 issued by the Superintendent of Police, District Khushinagar.
4. The relevant part of the impugned order is reproduced hereinbelow for the sake of ready reference: -
| “Uttar Pradesh Government Home (Police) Section-1 Number: U.O.-74(23)/6-P-1-21-107/2021 Lucknow: Date: 16 November 2021 Office Order In the video conferencing held by the Hon'ble Chief Minister on dt. 09.09.2021, during the review of disposal of investigations of state's law and order, crimes, and the cases registered till dt. 31.07.2021, in the 12 districts which have disposed of the least number of investigations, 03 sub-inspectors and inspectors have been identified and after receiving their clarifications, the investigating officers' name, designation, current deployment details/report, were made available by Addl. Director General of Police (Crime), U.P., Lucknow vide letter number DG-7-S 2(1)/2021 dated 26.09.2021. 2- According to the clarification provided by the Addl. Director of Police (Crime) U.P., Lucknow, Mr. Sanjay Kumar, Sub- Inspector, ΡΝΟ-982650369, PS Hanumanganj, District Khushinagar didn't show the expected interest in the disposal of investigations. This act is a sign of gross negligence, indifference and selfishness while performing his duty and is highly condemned. S/d illegible (Avnish Kumar Awasthi) Additional Chief Secretary Number and Date as in: Copy: Sent to the following for information and necessary action: - (1) Director General of Police, Uttar Pradesh, Lucknow (2) Additional Director Establishment, U.P., Lucknow General of Police, (3) Additional Director General of Police, Police Headquarters, U.P., Lucknow (4) Additional Director General of Police, Gorakhpur Zone, Gorakhpur (5) Superintendent of Police, Dist. Khushinagar provided 03 copies with the intention of handing over 01 copy to Mr. Sanjay Kumar, Sub- Inspector, PNO-982650369, PS Hanumanganj, District Khushinagar and the receipt to be made available to the government and censure to be mentioned in their character record (6) Guard Book. By Order, S/d illegible (Mahendra Prasad Bharti) Joint Secretary” |
5. The appellant preferred a writ petition[Writ-A No. 830 of 2022.] before the High Court of Judicature at Allahabad assailing the impugned order and the consequent censure entry made in his service book. The learned Single Judge dismissed the writ petition denying relief to the appellant vide order dated 23rd March, 2022. Being aggrieved, the appellant preferred an intra-Court writ appeal[Special Appeal (Defective) No. 150 of 2022.] which came to be dismissed by the Division Bench of Allahabad High Court vide judgment dated 9th May, 2022 which is assailed in the present appeal by special leave.
6. Learned counsel for the appellant, vehemently and fervently contended that no opportunity to show cause was ever afforded to the appellant before imposing the penalty of censure upon him. He urged that the impugned order and the consequent communication issued by the Superintendent of Police, District Khushinagar, are in clear breach of the provisions of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 19914[In short ‘Rules, 1991’.] and also suffer from the vice of non- adherence to the principles of natural justice.
7. The learned counsel for the a
Punishment – Superintendent of Police has jurisdiction to award minor penalty of censure to a Sub-Inspector of Police.
The court established that adherence to procedural requirements in disciplinary actions, as outlined in the relevant rules, is essential for the validity of imposed penalties against police officers.
Disciplinary authorities must provide reasoned decisions in accordance with natural justice, but the imposition of minor punishment for negligence was upheld due to sufficient evidence.
The central legal point established in the judgment is the requirement for a valid punishment order before imposing major penalties, the importance of procedural compliance in disciplinary proceeding....
The Superintendent of Police is authorized to issue charge-sheets and initiate disciplinary proceedings against subordinate officers, and such proceedings must adhere to the principles of natural jus....
Disciplinary authorities must issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
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