The Delhi High Court on Friday set aside the dismissal of a former Central Reserve Police Force (CRPF) constable. The bench held that the departmental inquiry against him stood vitiated as he was denied his right to cross-examine witnesses and present a proper defence.
The case involved Ex-Constable Amit Kumar, who had been dismissed in 2015 following an incident during the Delhi Assembly elections that year. The Court made it clear that principles of natural justice were not a formality but a fundamental protection, especially when the livelihood of a person is at stake.
Read more:- Bombay High Court Orders Family Pension for Widow and Sons, Rejects Claims of Mother and Brother
Background
The controversy traces back to 1 February 2015, when Kumar, deployed at Jaffarpur Kalan in Delhi, got embroiled in a late-night altercation with local villagers. Allegations flew from both sides: villagers accused him of drinking while on duty and firing his service rifle, while Kumar maintained he was attacked by a mob after a scuffle spiraled out of control. Two FIRs were registered — one by the complainant Ravi, who claimed he was shot, and another by Kumar’s colleague, who alleged a mob had assaulted the constable.
Kumar was eventually dismissed from service after a departmental inquiry proceeded against him ex parte, meaning in his absence. At the same time, a criminal trial under Section 307 of the Indian Penal Code (attempt to murder) also ran its course. In 2017, the trial court acquitted him, holding that witnesses failed to support the prosecution’s story.
Read more:- Delhi High Court Upholds Cancellation of Gift Deed, Says Love and Affection Implies Duty of Care for Elderly
Despite the acquittal, the CRPF’s appellate authority in 2019 upheld the dismissal. This pushed Kumar to move the Delhi High Court, challenging both the dismissal and the rejection of his appeal.
Court’s Observations
The division bench of Justice C. Hari Shankar and Justice Om Prakash Shukla minced no words while analyzing the inquiry process. The judges said the ex-constable had been stripped of his right to defend himself.
“The enquiry was conducted ex parte, without affording the petitioner his fundamental right of cross-examination. This Court finds such denial to be a serious breach of natural justice,” the bench observed.
The Court noted the glaring contrast between the testimonies in the criminal trial and those relied upon by the departmental inquiry. Witnesses who did not support the prosecution in the criminal case had been treated as reliable in the inquiry. The bench found this approach unsustainable.
On the issue of Kumar’s alleged absence from duty during the inquiry, the Court leaned towards giving him the benefit of doubt. His claim that he was undergoing medical treatment for head injuries sustained in the 2015 incident seemed plausible, especially when backed by hospital records.
“The teary hurry to conclude the departmental proceedings ex parte should be deprecated,” the judges said, stressing that disciplinary authorities must be careful not to trample basic fairness in a rush to punish.
In the final order, the High Court quashed both the dismissal order of 18 September 2015 and the appellate authority’s rejection dated 22 May 2019.
Case Title:- Ex Const Amit Kumar v. Union of India & Ors., W.P.(C) 7635/2022