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PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA
Sub Inspector Sanjay Kumar – Appellant
Versus
State Of Uttar Pradesh – Respondent
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 |
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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