Amar Jeet vs The State of H.P.

Dev Darshan Sud, J.—The petitioner is aggrieved by the action of the respondents in terminating his services as Special Police Officer vide Annexure P-3, which is a radio message sent by the Superintendent of Police, Chamba to the Incharge Police Station Pangi at Killar informing the petitioner of his dismissal. Learned counsel appearing for the petitioner urges a number of grounds in support of his contentions and submits that the reason for dismissal of the petitioner from the service, which was stated to be willful absence from the duty, is not established on record. The reason for absence of the petitioner was that he fell ill and thereafter his sister died which necessitated his absence which was not deliberate, but because of circumstances beyond his control. At this juncture, I am not going into these facts for the reason that I find that the services of the petitioner have been terminated without issuing any show cause notice or offering him an opportunity to put forward his case by furnishing an explanation. It is established, as a fundamental principle of constitutional governance that all actions must confirm to the basic minimum requirements of the principles of Natural Justice. True, that the police is an uniformed force and requires discipline over and above what is expected from the other services under the State, but it does not dispense with the requirement of adhering to the basic minimum principles of Natural Justice, which is the issuance of show cause notice, explanation, an opportunity to the person affected to put forward his case. I find no such exercise having been taken on record. In these circumstances, Annexure P-3 is quashed and set aside. It will be open to the respondents to institute an inquiry in accordance with law. The entire process be completed on or before 31st October, 2012. Petition stands disposed of. No order as to costs.