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Chhattisgarh High Court Quashes Termination Order, Orders Reinstatement with Partial Salary

Chhattisgarh High Court

In a significant judgment, the Chhattisgarh High Court's single bench, presided over by Justice Rajni Dubey, overturned the dismissal order of a police constable and upheld the trial court's verdict. The court directed the reinstatement of the constable with 30% salary, nullifying orders issued by three senior police officials, including the Director General of Police (DGP).

Background of the Case

Constable Syed Khurshid Ali, represented by advocates Mateen Siddiqui and Narendra Meher, had filed a petition challenging his termination. The constable was accused of misconduct under Indian Penal Code Section 306 while posted at the Reserve Center in Janjgir-Champa district. Following an investigation, the Superintendent of Police (SP) issued an order on February 16, 2012, terminating his services for alleged violations of the Police Regulation Act and Civil Service Conduct Rules, 1965.

Challenging the SP's decision, the constable filed an appeal before the Inspector General (IG) of Bilaspur Range, which was rejected on November 15, 2016. The IG upheld the SP's order, citing misconduct that tarnished the department's image. Subsequently, an appeal was filed before the DGP, who dismissed it on March 31, 2017, affirming that the constable's actions had damaged the reputation of the police department.

High Court’s Findings

During the hearing, advocate Siddiqui argued that the departmental inquiry and the criminal trial were based on the same witnesses and evidence. The trial court had acquitted the petitioner, deeming him not guilty. The High Court took note of this and questioned the validity of the disciplinary action despite the trial court's findings.

Verdict

The High Court nullified the following orders:

The SP’s termination order from Janjgir-Champa.

The IG’s decision to reject the constable’s appeal.

The DGP’s rejection of the mercy petition.

The court ordered the reinstatement of the petitioner with 30% salary and emphasized the importance of fairness and adherence to the rule of law in departmental actions.

Implications

This decision serves as a reminder to law enforcement agencies to ensure that disciplinary proceedings align with judicial outcomes in criminal trials. It also underscores the judiciary’s role in safeguarding individuals against arbitrary actions by authorities.

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