[Article 311] Holding Enquiry Before Dismissal Of Police Officer Can Be Dispensed When 'Not Reasonably Practicable': P&H HC Flags Violation Of Mandatory Provision

The Punjab & Haryana High Court has made it clear that it is mandatory for holding inquiry before dismissing a police officer in accordance with Article 311 of the constitution.As per Article 311, no person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under it, shall be dismissed or removed or reduced in rank. As per second proviso to Article 311 of the Constitution of India, inquiry may be dispensed with where person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge or where the competent authority finds that it is not reasonably practicable to hold such inquiry or where President or the Governor is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry, the Court added. These observations were made in response to the plea filed by a Police Officer, under Articles 226/227 of the Constitution, seeking setting aside of order whereby he was dismissed from service without holding inquiry as contemplated by the Punjab Police Rules, 1934 read with Article 311 of the Constitution of India. After hearing the submissions, the Court said, "from the perusal of record, it is evident beyond the pale of doubt that petitioner was dismissed from service without conducting inquiry as contemplated by Rule 16.24 of Punjab Police Rules read with Article 311 of the Constitution of India."