FAISAL ALI vs DISTRICT POLICE OFFICER, GUJRAT R — 2025 SCMR 92 SUPREME-COURT

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FAISAL ALI VS DISTRICT POLICE OFFICER, GUJRAT R.4(1)(b)(iv)---Police official---Misconduct, allegation of---Dismissal from service---Ex-parte inquiry---Judgment of Tribunal based on allegations/findings which were never part of the show cause notice---Legality---In the show cause notice the allegation of absence from duty was raised, but based on the same show cause notice, the Tribunal reproduced some other allegations regarding the petitioner's conviction in a criminal case, which allegation was alien to the show cause notice, and no other show cause notice was presented by the parties that indicated any allegation of conviction in a criminal case or requested the petitioner to submit a reply---Departmental proceedings may be initiated on the basis of allegations contained in the show cause notice and not on the allegations which were never part of the show cause notice---Therefore, in all fairness, the departmental action on account of any misconduct should be confined to the allegations mentioned in the show cause notice/statement of allegations, and should not travel beyond its precinct because the accused of misconduct who is petitioner in this case was only liable to answer the allegations communicated to him in the show cause and had no supernatural knowledge to respond to the allegations not known to him---Even the holding of the enquiry was claimed to be a regular one, but it was actually conducted ex-parte without involving the petitioner or providing him any opportunity to defend himself---According to the latest position, the petitioner had been acquitted in the criminal case while being extended the benefit of doubt by the Trial Court---Petition was converted into an appeal and allowed; consequently, the impugned judgment was set aside and the matter was remanded to the Service Tribunal to decide the appeal afresh in accordance with law.

FAISAL ALI vs DISTRICT POLICE OFFICER, GUJRAT R — 2025 SCMR 92 SUPREME-COURT

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