The Rajasthan High Court, Jaipur Bench, has quashed a trial court order that passed adverse remarks against a Circle Officer and directed the Director General of Police (DGP) to initiate disciplinary action against him for alleged negligence in an investigation. The High Court ruled that the officer was neither the Investigating Officer (IO) in the case nor given an opportunity to present his defense before the remarks were made.
Justice Anoop Kumar Dhand observed that it is a well-settled principle of law that no person can be condemned unheard. The court emphasized that any order affecting an individual’s service record or reputation must be preceded by a fair hearing.
After reviewing the case records, the High Court found that the petitioner, Circle Officer Manoj Sharma, had no direct role in the investigation. Despite this, adverse remarks were made against him, and disciplinary action was recommended without issuing any prior notice or granting him a chance to be heard.
“It is indeed a settled proposition of law and part of the principles of natural justice that a man cannot be condemned unheard. Therefore, before passing adverse remarks against the petitioner, the Presiding Officer was duty-bound to issue notice to him and afford an opportunity of hearing. However, in this case, this crucial procedure was not followed, which has cast a stigma on the petitioner’s service career,” the court stated.
The petitioner contended that he was not the Investigating Officer, yet the trial court held him accountable for alleged negligence. He argued that ex-parte remarks were passed against him, and a disciplinary inquiry was ordered without due process, amounting to a clear violation of natural justice.
The High Court agreed with the petitioner’s submissions, highlighting that the trial court failed to follow due procedure before making such remarks. The court ruled that the trial court's order was legally unsustainable and required intervention.
Final Verdict
Concluding the matter, the High Court quashed the trial court's adverse remarks against the Circle Officer and set aside the disciplinary action directive. The case was remitted back to the trial court with instructions to pass a fresh order only after providing the petitioner with an opportunity to be heard.
“In the considered opinion of this Court, before passing the impugned order, a fair opportunity of hearing ought to have been given to the petitioner. Accordingly, the instant writ petition stands allowed, and the impugned order is set aside,” Justice Anoop Kumar Dhand ruled.
This ruling reaffirms the fundamental legal principle that no adverse action should be taken against an individual without affording them a fair chance to defend themselves, reinforcing the essence of natural justice in judicial proceedings.
Case Title: Manoj Sharma v. State of Rajasthan
