In a significant ruling, the Punjab and Haryana High Court has overturned the dismissal of a Sub-Divisional Officer (SDO) nearly 26 years after he was removed from service. The court ruled that the officer’s absence from inquiry proceedings could not be treated as “proof” of his guilt. Justice Mahabir Singh Sindhu, while presiding over the case, termed the inquiry officer’s approach “biased and legally untenable.”
The case, which dates back to 1992, was brought before the court by the dismissed officer in 1999, challenging his termination. The officer was working at the Mukerian Hydel Project when materials worth ₹1,52,030 were reported stolen from a store. Although the initial investigation into the theft was closed without action, the officer was later served with a chargesheet alleging embezzlement of the stolen materials.
In the subsequent inquiry, the officer was found guilty despite his absence from the proceedings. The inquiry officer submitted a report proving the charges, prompting the officer to request a fresh hearing, which was granted. However, the inquiry officer refused to reconsider the earlier findings, and the officer was eventually dismissed from service.
Justice Sindhu, in his ruling, criticized the inquiry officer for equating the officer’s absence with proof of guilt. He emphasized that “no evidence worth the name was led during the inquiry proceedings,” rendering the inquiry officer’s conclusion legally flawed.
“The approach of the inquiry officer is lopsided and indefensible in law,” Justice Sindhu remarked, adding that an absence from the proceedings could not be treated as a substitute for proof. The court set aside the inquiry report from 1997 and the subsequent dismissal order from 1998.
Before concluding, Justice Sindhu ordered a fresh inquiry based on the original chargesheet issued in 1995 and directed the authorities to expedite the process.
This ruling highlights the broader issue of case delays in the judiciary. The Punjab and Haryana High Court currently has over 4,33,253 pending cases, including 1,61,362 criminal cases. Alarmingly, over 1,12,754 cases, or 26% of the total, have been pending for more than a decade. The court is also operating with a shortage of judges, with only 54 out of 85 sanctioned posts filled.
With this decision, the High Court has not only provided relief to the officer but also underscored the need for a fair and unbiased inquiry process in government service matters.