Amit Chaurasia Vs. The State of M.P. & another

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 3658 of 2021, Judgment Date: Aug 24, 2021

Law laid down -

Applying an exception for not conducting a regular departmental enquiry to dismiss or remove a person or to reduce him in rank. For major penalties there must be some strong and cogent reason with the Authority competent to impose such punishment and should be assigned in writing as to why enquiry is not reasonable and practicable to be held.

Imposing major penalties applying the exception of Article 311(2)(b) of the Constitution of India is always a ground of judicial review and it can be set aside, if the Court comes to the conclusion that the reasons are not sufficient for dispensing with the regular departmental enquiry.

A police constable lodged an FIR against her colleague for committing rape with her, pursuant thereto an offence under Sections 452, 354, 354-Gh, 376 and 506 of the IPC has been registered against him and applying the exception of Article 311(2)(b) of the Constitution of India, the punishment of dismissal from service is inflicted dispensing with the regular departmental enquiry on the ground that if that lady constable is called in the departmental enquiry to get her statement recorded then that would adversely affect her dignity and image, is not a sufficient ground for dispensing with the regular departmental enquiry. The order of dismissal, therefore, is not sustainable in the eyes of law.

Amit Chaurasia Vs. The State of M.P. & another