HC quashes constable dismissal over lack of disciplinary inquiry

Dehradun: Uttarakhand high court has set aside the dismissal of a police constable accused of misbehaving with a woman in 2020, ruling that the disciplinary authority acted without conducting any inquiry or stating any legally sustainable reason for dispensing with it.

A single bench of Justice Manoj Kumar Tiwari on Wednesday quashed both the dismissal and appellate orders against Jagdish Nath, directing his reinstatement with continuity of service. The court limited back wages to 50% and allowed the disciplinary authority to initiate fresh proceedings within three months in accordance with law.

Nath, appointed in 2012, was dismissed on May 24, 2020, after he was accused of misbehaving with a woman whose husband was quarantined at Surajmal Engineering College, Kichha. The dismissal order also noted he was under the influence of liquor. The court observed that the incident, the report of Sitarganj circle officer and the dismissal order by Udham Singh Nagar SSP happened on the same day, raising concerns about due process.

The state had defended its action under Rule 8(2)(b) of the UP Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991, which allows dispensing with an inquiry if it is “not reasonably practicable.” The court rejected this justification, stressing that such powers are exceptional and cannot be exercised casually and that the authority must record clear reasons based on objective facts and cannot merely repeat the language of the rule.

The court found no material on record showing witness intimidation, threats, violence, indiscipline or any other circumstance making an inquiry genuinely impracticable. The court held the authority’s explanation to be neither plausible nor satisfactory, describing it as a device to invoke Rule 8(2)(b). Citing the Supreme Court’s ruling in Union of India vs Tulsi Ram Patel, the HC said disciplinary inquiries cannot be dispensed with lightly or to avoid scrutiny.Get real-time updates and result insights on the CBSE 12 Result 2026.