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Three Hats Too Many: J&K High Court Strikes Down Biased Job Dismissal
In a sharp rebuke to flawed departmental enquiries, the has quashed the dismissal of former Enforcement Inspector Gopal Krishan from the . Justice Sanjay Dhar ruled that the Disciplinary Authority's decision to wear the hats of prosecutor, Enquiry Officer, and adjudicator created an irredeemable bias, violating core . The court directed authorities to treat Krishan as in service until his superannuation in and process his pension and benefits accordingly.
From Ward Complaints to Suspension Saga
Gopal Krishan joined JMC as a Sanitary Inspector in , rising to Enforcement Inspector by . Posted to oversee Wards 51-54 from , his tenure hit turbulence with a complaint from Corporator Smt. Jyoti Devi alleging unchecked unauthorized constructions in Ward 53. A second complaint from Sh. Surinder Singh echoed the claims.
A preliminary probe by the Assistant Commissioner (Revenue) uncovered violations in Wards 53 and 17. Krishan was suspended on . The Secretary, JMC, conducted a fresh enquiry, reporting in that Krishan failed to alert superiors about illegal builds, showing "laxity and dereliction."
This led to a charge sheet under . Krishan denied the charges, but Respondent No. 2—the Commissioner—appointed herself Enquiry Officer on , without naming a Presenting Officer.
Petitioner's Cry: Bias and No Fair Hearing
Krishan assailed his
dismissal, arguing Respondent No. 2's multi-role setup bred malice. He claimed denial of cross-examination for 11 witnesses (whose statements, photos, and docs were relied upon), no copies of key reports from the Senior Town Planner and Joint Commissioner (Administration), and disproportionate punishment.
"The decks were heavily loaded against the petitioner,"
his counsel urged, highlighting leading questions to witnesses and a premeditated probe.
Respondents' Defence: Fair Process, Solid Evidence
JMC countered that Krishan got ample opportunities, submitting detailed replies. They emphasized reliance on official records—like labour schedules proving constructions during his watch—not just witness statements. Eleven witnesses were examined, reports verified violations at three sites, and Krishan appeared post-enquiry report without new evidence. No rule mandated a Presenting Officer, they argued, insisting the process followed Rules of 1956.
Dissecting the Probe: Precedents Seal the Flaws
Justice Dhar delved into Supreme Court lore, starting with
State of U.P. v. Saroj Kumar Sinha
(2010) 2 SCC 772: an Enquiry Officer is a "
" and "
," not the department's rep. Rules of natural justice demand fairness that's
"
."
Echoing Union of India v. Ram Lakhan Sharma (2018) 7 SCC 670, the court noted non-appointment of a Presenting Officer isn't fatal , but acting prosecutorial triggers bias. Ashok Kumar Yadav v. State of Haryana (1985) 4 SCC 417 reinforced: no one adjudicates what they've handled otherwise, lest " " arise.
Lower court nods—like in and in —clarified: clarificatory questions are fine, but leading prosecution witnesses or filling lacunae isn't. Here, Respondent No. 2 solicited damning reports, recorded adverse witness statements sans cross-exam, and skipped enquiry minutes—breaching Rule 33's explicit right to cross-examine and call witnesses.
As news summaries noted, this "three hats" act loaded the deck, with violations timed to Krishan's stint un rebutted fairly.
Key Observations
"Enquiry officer acting in a quasi judicial authority is in the position of an. He is not supposed to be a representative of the department disciplinary Authority/Government."
"The Inquiry Officer, who is in the position of a Judge shall not act as a Presenting Officer, who is in the position of a prosecutor."
"The aforesaid circumstances clearly go on to show that respondent No. 2... has approached the whole issue with a premeditated mind to somehow implicate the petitioner."
"It is athat."
"The mandate of Rule 33 of the Rules of 1956 has been completely violated by the Inquiry Officer while conducting the inquiry."
Back to Retirement with Full Benefits
The impugned order and enquiry stand set aside. With Krishan's superannuation during litigation and no provision for post-retirement probes (absent financial loss under ), fresh proceedings are barred. Respondents must grant pension and perks, treating him in continuous service.
This ruling fortifies safeguards in service disputes, reminding authorities: independence isn't optional. For municipal enforcers and beyond, it underscores that bias suspicions, once reasonable, doom dismissals—ensuring justice isn't just done, but seen so.
