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of <h1>Supreme Court upholds police officer's removal in wrongful confinement case, emphasizes jurisdiction limits</h1> <h3>State Of Andhra Pradesh Versus S. Sree Rama Rao.</h3> The Supreme Court upheld the respondent's removal from service in a case where a sub-inspector of police was dismissed for wrongful confinement. The Court ... - Issues Involved:1. Legitimacy of the dismissal and subsequent removal from service of the respondent.2. Validity of the High Court's jurisdiction in reviewing the departmental enquiry.3. Adherence to principles of natural justice in the departmental enquiry.4. Examination and summoning of defense witnesses.5. Adequacy and specificity of the charges against the respondent.Detailed Analysis:1. Legitimacy of the Dismissal and Subsequent Removal from Service of the Respondent:The respondent, a sub-inspector of police on probation, was dismissed from service by the Deputy Inspector General of Police on March 10, 1955. On appeal, the Inspector General of Police altered the dismissal to removal from service. The charges against the respondent included 'reprehensible conduct in wrongfully confining a K.D., Chandana Durgalu accused in Cr.No.17/54: of Kodur Police Station from the night of 5-3-54: to 7-3-1954: in the Police Station when he went on five days casual leave.' The departmental enquiry concluded that the respondent was guilty of the charges, leading to his dismissal, which was later reduced to removal due to his young age and inexperience.2. Validity of the High Court's Jurisdiction in Reviewing the Departmental Enquiry:The High Court quashed the orders of dismissal and removal, assuming jurisdiction under Art. 226 of the Constitution. However, the Supreme Court held that the High Court overstepped its jurisdiction. The High Court is not a court of appeal over departmental enquiries and is limited to ensuring that the enquiry is conducted by a competent authority, following prescribed procedures, and adhering to natural justice principles. The Supreme Court emphasized that the High Court cannot re-evaluate evidence or substitute its judgment for that of the departmental authorities if there is some evidence supporting the conclusion.3. Adherence to Principles of Natural Justice in the Departmental Enquiry:The High Court found the departmental enquiry flawed, stating that the Enquiry Officer and the departmental authorities did not consider all evidence collectively and failed to appreciate the rule concerning the onus of proof. The Supreme Court disagreed, stating that the High Court's approach was incorrect. The enquiry was conducted properly, and the Enquiry Officer's sarcastic remark about the Magistrate's judgment did not undermine the conclusion. The Supreme Court clarified that the principles of natural justice were not violated, and the enquiry was consistent with the rules.4. Examination and Summoning of Defense Witnesses:The High Court found fault with the enquiry for not summoning two defense witnesses. The Supreme Court examined the record and found that the respondent had the opportunity to produce witnesses. The respondent chose not to summon additional witnesses after police constable No. 506 was examined. The Supreme Court concluded that the respondent was given ample opportunity to present his defense, and there was no breach of natural justice in this regard.5. Adequacy and Specificity of the Charges Against the Respondent:The High Court noted that the respondent was not charged with 'falsifying the record by omitting to write what he had done or what happened in the police station,' yet was found guilty of this. The Supreme Court found this argument hypercritical, as the 'statement of facts' accompanying the charge-sheet clearly mentioned the failure to record the custody of Durgalu. The respondent had full notice of the charges and had the opportunity to defend himself. The Supreme Court held that the charges were adequately specified and the enquiry was not vitiated by any lack of specificity.Conclusion:The Supreme Court allowed the appeal, setting aside the High Court's order and dismissing the respondent's petition. The departmental enquiry was conducted properly, adhering to natural justice principles, and the High Court had no jurisdiction to interfere with the findings of the departmental authorities. The respondent's removal from service was upheld.
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