Ramesh Malli v. Inspector General of Police
ILR 2022 Kar 2023 : (2022) 2 Kant LJ 624 : (2022) 3 KCCR (SN 287) 359
In the High Court of Karnataka
W.R. 104944/2021 (S-KAT)
Before Justice S.G. Pandit and Justice Anant Ramanath Hedge
Decided on January 28, 2022

Relevancy of the case: Can a police constable be discharged from duty without an inquiry for his involvement in an exam paper leak case?

Statutes and Provisions Involved

• The Constitution of India, 1950 (Article 226, 227)
• The Karnataka Civil Services (General Recruitment) Rules, 1977 (Rule 6, 7)

Relevant Facts of the Case

• The petitioner joined the police on his appointment as a Police Constable (Wireless) on June 13, 2017. He subsequently applied for the Sub Inspector position.
• However, during an investigation into the leakage of examination papers, the State Police discovered his involvement. The police subsequently arrested him and obtained a report from the concerned Police Inspector regarding his involvement.
• Based on this report, the appropriate authority discharged him from service under Rule 6 of the 1977 Rules.
• The Karnataka State Administrative Tribunal upheld this dismissal, which the petitioner challenged before the High Court.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the authority relied only on the misconduct allegations for the discharge order and did not conduct an inquiry as required under Rule 7 of the 1977 Rules.
• The respondent’s counsel argued that the discharge was due to his unsuitability for the post. His involvement in a criminal case is a justifiable ground for discharge.

Opinion of the Bench

• An inquiry under Rule 7 is mandatory if the authority is discharging a public service due to misconduct.
• The presents set by the Supreme Court, such as Anoop Jaiswal v. Government of India, invalidate discharge orders for misconduct without proper inquiry.

Final Decision

• The court partially allowed the writ petition by declaring the discharge order without inquiry invalid.