Question: SP has dismissed me from the service only on the basis of the preliminary report prepared by the C.O. of my circle. Some businessmen alleged that I used to extort money from them. They approached the superintendent of police for my transfer. But the SP refused. Thereafter, they approached the local MLA and MP for taking action against me. The MP has mounted pressure on the IG to take appropriate action against me on the complaint of those businessmen. I never extorted money from them. The allegation is false and frivolous.
This is made with the intention to transfer me from the XXXXX police station. Actually, I have strictly stopped the illegal business of those traders for importing raw ayurvedic goods from Nepal and exporting fertiliser and other goods from India. The CO city conducted a preliminary inquiry and submitted it to the SP. Thereupon the SP suspended me and later on terminated me from the service. Can I get justice from the High Court?
Asked from: Uttar Pradesh
Termination from service is a major punishment. It cannot be inflicted without holding a formal departmental inquiry and affording you fair opportunity to produce evidence in your support and cross examine the witnesses. The SP has punished you only on the basis of a preliminary inquiry report, hence, the dismissal order becomes illegal.
You should immediately challenge the order of the superintendent of police either in the appeal or directly approach the High Court. It would be better to file a writ petition in the high court under Article 226 of the constitution.
Not holding a departmental inquiry before termination of your service is clearly violating the constitutional right conferred by Article 311 of the constitution. If it was possible for the SP to conduct a preliminary inquiry before terminating your service. So there was no justification for not conducting a formal departmental inquiry in your case for holding you guilty.
This is an example of arbitrary administrative action which is explicitly violating the principles of natural justice. A delinquent officer has the right to get a fair opportunity to defend himself against the allegation. The disciplinary authority was bound to hear your side (audi alteram partem) and afford an opportunity to present your case. This is a gross violation of the principles of natural justice. You should file a writ petition and definitely you’ll get justice.
