Pat HC | Dismissal from service on perception of irregular appointment unsustainable

Patna High Court: The Bench of Madhuresh Prasad, J. allowed a civil writ petition filed by a constable who was dismissed from his service without pointing out infirmity in his appointment and also without affording him a hearing in the matter.

Petitioner herein was dismissed from his service as a constable in the Bihar Police, pursuant to scrutiny by the Director General of Police and Inspector General of various appointments made earlier. It was found that the appointment of the petitioner along with others was illegally made in an irregular manner. The instant petition was filed assailing the said order of dismissal.

Respondent’s objection was that the petition, having been filed ten years after petitioner’s dismissal, was barred by delay and laches. Counsel for the petitioner Mr Radha Mohan Pandey submitted that the order of dismissal was without any show cause or opportunity and without holding a regular enquiry or departmental proceeding against the petitioner, even though he had worked in the police force as a confirmed employee on the post of constable for about 12 years.

The Court opined that petitioner’s dismissal was done at the dictate of a higher authority on the basis of a perception that in the period when he was appointed under the special circumstances, all constables were appointed irregularly. This order did not show as to what was the infirmity in his appointment. Also, the said order was passed without affording any opportunity of hearing to him. As such, the dismissal order was unsustainable in law.

With regards to the objection of delay, the Court noted that petitioner had filed an appeal against dismissal order in the year 2014, and pursuant to dismissal thereof the present petition was filed in the year 2016.

In view of the above, the order dismissing petitioner from service was quashed and he was directed to be reinstated.[Shambhu Nath Tiwary v. State of Bihar,  2019 SCC OnLine Pat 394, Order dated 13-03-2019]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.