Case: State of Uttar Pradesh Vs. Bhoop Singh Verma

applicable to temporary government servants. In the second place, it is said, if the order is attributed to the complaint against the respondent concerning his conduct relating to Smt. Phoolmati it was open to the Deputy Inspector General of Police to take the circumstances of the case into account for the purpose of considering the suitability of the respondent for continuing in service. Learned counsel for the respondent points out that an enquiry had been originally instituted against the respondent which had resulted in an order terminating his services and, he urges, after the order of the High Court quashing his discharge on the ground of violation of Article 311(2) of the Constitution it was obligatory on the superior authority, in case it proposed to terminate the respondents services, to institute a proper and complete departmental enquiry, providing an opportunity to the respondent to lead evidence and be heard in his defence, and only thereafter could it make an order against the respondent.4. We are of the opinion that the appellant is right on both counts. Considered as an order made without reference to the earlier proceeding against the respondent, the impugned order cannot be regard ed as one of punishment. After the original order of discharge was quashed by the High Court, the respondent was reinstated in service. He was even allowed an increment to his salary. The Deputy Inspector General of Police made the impugned order subsequently terminating his services on the ground that they were no longer required. The services were terminated on payment of one months salary in lieu of notice under the "general rules for termination of service of temporary government servants". The Deputy Inspector General of Police was examined as a witness in the suit, and throughout he maintained that he terminated the respondents services because they were not required any more and that in making the order he did not intend to punish the respondent. The evidence also discloses that no personal motive had influenced the order. It was open to the superior authority to terminate the respondents services on the ground on which it did so.Assuming, however, that the impugned order was made in the background of the allegations against the respondent concerning his behaviour with Smt. Phoolmati, we see no reason in law why a departmental enquiry should be necessary before the respondents services could be terminated. It appears from the material before us that it was merely a preliminary enquiry which was made by the Superintendent of Police into the allegations made against the respondents conduct concerning the woman. No departmental enquiry by way of disciplinary proceedings was instituted, no charge was framed, and the formal procedure characterising a disciplinary proceeding was never adopted.5. The Deputy Inspector General of Police passed the original order dated July 13, 1957 discharging the respondent from the police force on the ground that he had behaved in a reprehensible manner, was not likely to make a useful police officer and was unfit for further retention in a disciplined force. The original order plainly attached a stigma to the respondents record of service, and it is because of the specific grounds set forth in the termination order that the High Court considered the respondent entitled to the benefit of Article 311 (2) of the Constitution, and quashed the order. Now the order having been quashed, the position reverts to what it was when the Deputy Inspector General of Police received the report of the Superintendent of Police on the Preliminary enquiry made by him. There was nothing to prevent the Deputy Inspector General from deciding that instead of instituting disciplinary proceedings against the government servant he should consider whether the government servant was suitable for retention in service. The case law on the point has been considered elaborately by one of us (Jaswant Singh, J.) in State of U.P. v. Ram Chandra Trivedi(1) and reference has been made in this behalf to Champaklal Chimanlal Sh ah v. The Union of India(2), Jagdish Mitter v. Union of India(3) and State of Punjab &Anr. v. Shri Sukh Raj Bahadur(4). It is apparent from the facts of this case that if the impugned order be considered as made in the light of the allegations against the respondent concerning the woman, the conduct of the respondent constituted a motive merely for making the order and was not the foundation of that order. In this connection what has been stated by this Court in Union of India &Ors. v. R. S. Dhaba.(5) State of Bihar &Ors. v. Shive Bhikshuk Mishra(6) and R. S. Sial v. The State of U.P. &Ors.(7) appears relevant. That it was not intended to take punitive action against the respondent for his misbehaviour with Smt. Phoolmati is evident from the circumstance that thereafter the respondent was allowed an increment to his salary and was regarded as in service for all purposes. The High Court, it seems to us, did not have regard to all the facts and circumstance s of the case, and appears to have assumed that the respondents services were terminated as a measure of punishment. The High Court relied on The State of Bihar v. Gopi Kishore Prasad(1) and Madan Gopal v. The State of Punjab(2). Both cases are distinguishable. In the former, the government servant was discharged from service because he was found to be corrupt and the order terminating his services branded him a dishonest and incompetent officer. In the latter, the government servant had been served with a charge-sheet that he had demanded and received illegal gratification and the Court found that the proceeding, consequent to which the termination order was made, was intended for the purpose of taking punitive action.We are satisfied that the considerations which prevailed with the High Court in reaching its findings on the application of Article 311 (2) of the Constitution and the bona fides of the superior authority in making the impugned order are not warranted in law and on the material before us.6.

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

Explanation:
1[ds].Assuming, however, that the impugned order was made in the background of the allegations against the respondent concerning his behaviour with Smt. Phoolmati, we see no reason in law why a departmental enquiry should be necessary before the respondents services could be terminated. It appears from the material before us that it was merely a preliminary enquiry which was made by the Superintendent of Police into the allegations made against the respondents conduct concerning the woman. No departmental enquiry by way of disciplinary proceedings was instituted, no charge was framed, and the formal procedure characterising a disciplinary proceeding was neverHigh Court, it seems to us, did not have regard to all the facts and circumstance s of the case, and appears to have assumed that the respondents services were terminated as a measure of punishment. The High Court relied on The State of Bihar v. Gopi Kishore Prasad(1) and Madan Gopal v. The State of Punjab(2). Both cases are distinguishable. In the former, the government servant was discharged from service because he was found to be corrupt and the order terminating his services branded him a dishonest and incompetent officer. In the latter, the government servant had been served with a charge-sheet that he had demanded and received illegal gratification and the Court found that the proceeding, consequent to which the termination order was made, was intended for the purpose of taking punitive action.We are satisfied that the considerations which prevailed with the High Court in reaching its findings on the application of Article 311 (2) of the Constitution and the bona fides of the superior authority in making the impugned order are not warranted in law and on the material before us.