Case: State of Madhya Pradesh &amp; Anr Vs. Akhilesh Jha &amp; Anr

was no justification to quash the enquiry and to obstruct the disciplinary proceedings which have been convened by the State in exercise of its authority over the respondent. 11. On the other hand, it has been urged on behalf of the first respondent that the charge-sheet is devoid of material particulars, including the date on which the instructions for disbanding the Gunda Squads were issued by the Inspector General of Police as well as the specific role alleged to have been performed by the first respondent in the circumstances leading to the alleged death of the person who was under interrogation. Moreover, it has been submitted that the delay, as a matter of fact, caused prejudice to the first respondent since he was deprived of his opportunities of deputation and promotion at par with his other batch mates. Hence, it has been urged that the delay in conducting the disciplinary proceeding has caused serious prejudice to the first respondent. 12. The charge-sheet was issued to the first respondent in exercise of powers conferred by Rule 10 of the All India Services (Discipline and Appeal) Rules 1969 on 8 June 2016. The charge-sheet which is annexed to the communication issued by the Home Department of the State of Madhya Pradesh contains the following charge: You have violated the Rule 03 of All India Services (Conduct) Rules, 1968 by operating Gunda Squad illegally in the District Alirajpur and by committing indiscipline and violation of directions of the Senior Officers. The aforesaid act of yours is against the provisions of Rule 3 of All India Services (Conduct) Rules, 1968 and the same is punishable under All India Services (Discipline and Appeal) Rules, 1969. The detailed particulars of the aforesaid charges are attached. 13. The statement of charges has been appended to the charge-sheet. The statement of charges indicates that the gravamen of the allegation against the first respondent is that the Inspector General of Police, Indore Zone had issued instructions to all Superintendents of Police that no officer working in the District shall constitute a Gunda Squad and if such a Squad is working, then it must be dissolved immediately. The incident leading to custodial death took place while the individual was in the custody of Police Station Sorwa of District Alirajpur on 3 June 2014. The statement of imputations states, thus: The incident of the death in the police custody happened in PS Sorwa of the District Alirajpur on 03.06.2014. The Superintendent of Police, District Alirajpur had sent Subedar K.P. Singh Tomar working as the Squad In charge to interrogate the suspect deceased Jhingla in Crime No.39/14 Section 307 IPC of the police Station Sorwa. Subedar Tomar inflicted injuries to the deceased Jhingla by assaulting him during interrogation, which led the suspect Jhingla to death. When the aforesaid incident took place, the squad in charge Subedar Tomar and other 05 policemen were suspended on 03.06.2014. In the aforesaid incident, Subedar K.P. Singh Tomar and his all subordinate employees were appointed as the reserve force in the police control room but Shri Akhilesh Jha, the then Superintendent of Police, District Alirajpur had been using all these employees regularly as the Gunda Squad, while Shri Akhilesh Jha the then Superintendent of Police Alirajpur refused To have constituted Gunda Squad in Letter No. SP/Ali/Steno/736/14 dated 15.07.2014. In this regard, the clarification was sought from the then Superintendent of Police, Shri Akhilesh Jha vide letter no. IGP/E/Ka.F-29/47-45-3-A/14 dated 28.09.2014 of the office. 14. The statement of imputations contains a reference to the Duty Register as well as the General Diary at the material time. The list of documents annexed to the charge-sheet refers to 21 documents on the basis of which the charges were intended to be proved. 15. On the basis of the above material which has been placed on the record, it was impossible to come to the conclusion that the charge against the first respondent is vague or ambiguous. The charge-sheet, together with the statement of imputations, contains a detailed elaboration of the allegations against the first respondent and does not leave the recipient in a measure of doubt or ambiguity over the nature of the case he is required to answer in the disciplinary enquiry. The finding that the charge is vague is palpably in error. The Tribunal declined to quash the charge-sheet by its initial order dated 28 July 2016. However, by a subsequent order dated 5 January 2018, it proceeded to do exactly what it had declined to do by its previous order. The Tribunal purportedly did so on the basis that prejudice had been caused to the first respondent by the denial of an opportunity for deputation or for promotion as a result of the pendency of the proceedings. The line of reasoning which weighed with the Tribunal is plainly erroneous. The Tribunal would have been justified in directing the expeditious conclusion of the enquiry, but instead, it proceeded to quash the enquiry in its entirety. This, in our view, was clearly impermissible. Every delay in conducting a disciplinary enquiry does not, ipso facto, lead to the enquiry being vitiated. Whether prejudice is caused to the officer who is being enquired into is a matter which has to be decided on the basis of the circumstances of each case. Prejudice must be demonstrated to have been caused and cannot be a matter of surmise. Apart from submitting that the first respondent was unable to proceed on deputation or to seek promotion, there is no basis on which it could be concluded that his right to defend himself stands prejudicially affected by a delay of two years in concluding the enquiry. The High Court, therefore, in our view, has clearly failed to properly exercise the jurisdiction vested in it by simply affirming the judgment of the Tribunal. The judgment of the Tribunal suffered from basic errors which go to the root of the matter and which have been ignored both by the Tribunal as well as by the High Court.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]15. On the basis of the above material which has been placed on the record, it was impossible to come to the conclusion that the charge against the first respondent is vague or ambiguous. The charge-sheet, together with the statement of imputations, contains a detailed elaboration of the allegations against the first respondent and does not leave the recipient in a measure of doubt or ambiguity over the nature of the case he is required to answer in the disciplinary enquiry. The finding that the charge is vague is palpably in error. The Tribunal declined to quash the charge-sheet by its initial order dated 28 July 2016. However, by a subsequent order dated 5 January 2018, it proceeded to do exactly what it had declined to do by its previous order. The Tribunal purportedly did so on the basis that prejudice had been caused to the first respondent by the denial of an opportunity for deputation or for promotion as a result of the pendency of the proceedings. The line of reasoning which weighed with the Tribunal is plainly erroneous. The Tribunal would have been justified in directing the expeditious conclusion of the enquiry, but instead, it proceeded to quash the enquiry in its entirety. This, in our view, was clearly impermissible. Every delay in conducting a disciplinary enquiry does not, ipso facto, lead to the enquiry being vitiated. Whether prejudice is caused to the officer who is being enquired into is a matter which has to be decided on the basis of the circumstances of each case. Prejudice must be demonstrated to have been caused and cannot be a matter of surmise. Apart from submitting that the first respondent was unable to proceed on deputation or to seek promotion, there is no basis on which it could be concluded that his right to defend himself stands prejudicially affected by a delay of two years in concluding the enquiry. The High Court, therefore, in our view, has clearly failed to properly exercise the jurisdiction vested in it by simply affirming the judgment of the Tribunal. The judgment of the Tribunal suffered from basic errors which go to the root of the matter and which have been ignored both by the Tribunal as well as by the High Court.