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JAGMOHAN BANSAL
Inspector Surjit Singh No. 64/PR (Retd. ) – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
(Jagmohan Bansal, J.) :
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 16.08.2023 (Annexure P-6) whereby DIG, Faridkot Range, Faridkot (Punjab) has ordered to conduct De-novo departmental enquiry.
2. The petitioner joined Punjab Police on 04.02.1990 as Assistant Sub-Inspector. He was promoted to the post of Sub-Inspector on 12.10.2001. He got further promotion of Inspector w.e.f 01.01.2010. The service of the petitioner was recognized by 20 Commendation Certificates as well as cash award. The petitioner on attaining the age of superannuation retired on 05.12.2019. The petitioner in November’ 2017 joined as SHO, Police Station City South Moga. An FIR No.181 dated 10.09.2017 under Sections 22 and 29 of NDPS Act, 1985 was registered at Police Station City South, Moga. Accused in the aforesaid FIR came to be released on regular bail on account of non filing of challan within prescribed period. SSP, Moga on account of non filing of challan which resulted into release of accused in terms of Section 167 (2) of Cr.P.C, initiated departmental enquiry against the petitioner. A complete procedure
The main legal point established in the judgment is that a de novo inquiry could not have been ordered in the absence of statutory rule for ordering a fresh inquiry against a public servant who has b....
A second enquiry on the same charges is impermissible under service jurisprudence, and failure to provide an opportunity for representation violates natural justice principles.
The disciplinary authority can remit the case for further enquiry, but a de-novo enquiry is not warranted unless there is a patent irregularity or illegality in the earlier enquiry report.
Police Standing Order, which is a special rule, which deals with the power of the authorities to postpone the decision on the departmental inquiry till pronouncement of judgment in the criminal case,....
Disciplinary Authority cannot order de-novo inquiry under CCS (CCA) Rules upon dissatisfaction with Inquiry Officer's report; must proceed per Rule 15 by providing disagreement reasons or directing f....
The disciplinary authority cannot order a fresh enquiry without identifying material irregularities in the previous proceedings, emphasizing adherence to the procedural rules and safeguarding the rig....
The court ruled that a de-novo enquiry cannot be initiated based on a previously quashed charge-sheet, necessitating a fresh charge-sheet for any new proceedings.
The respondent authorities had the discretion to either take fresh enquiry or reinstate the petitioner. The decision to initiate de novo enquiry by reinstating the petitioner was valid and warranted ....
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