Supreme Court of India reemphasizes independence of various limbs of disciplinary processes

In an important decision reiterating the independence of all limbs of inquiry and disciplinary proceedings in government services, especially uniformed ones, the Supreme Court of India has ruled that the Inquiry Officer cannot be a part of the prosecution set-up of the establishment and that he or she also needs to act independently and not as a representative of the system out to declare the person guilty.

The Supreme Court was dealing with the case of a paramilitary trooper whose dismissal had been set aside by the High Court and who was directed to be reinstated in service. The Union of India had challenged the judgment of the High Court in the Supreme Court.

The Supreme Court has observed that such officers need to act “fairly and impartially” in disciplinary proceedings.

A detailed report on the case is available with The Tribune.