News Citation : 2026 LN (HC) 215 | 2026:CGHC:14019
March 24, 2026 : In a significant ruling, the Chhattisgarh High Court has set aside the dismissal of a police constable, holding that the departmental proceedings against him were fundamentally flawed and violated principles of natural justice.
The case involved Shivkumar Saitode, a constable with over eight years of service, who was removed from duty following allegations of misconduct arising from a matrimonial dispute with his wife. The disciplinary action stemmed from complaints accusing him of alcohol abuse, domestic violence, and inappropriate conduct.
After a departmental inquiry found him guilty, the police authorities dismissed him from service. His appeals at various levels, including before senior police Officers, were rejected, prompting him to approach the High Court.
Justice Amitendra Kishore Prasad, while examining the case, found serious procedural lapses in the inquiry process. The Court observed that the constable was not given a fair opportunity to defend himself, particularly noting that he was denied effective cross-examination of key witnesses whose statements formed the basis of the findings.
The Court emphasized that cross-examination is not a mere formality but a crucial safeguard in disciplinary proceedings. Without it, the credibility of evidence cannot be properly tested. It also noted that relevant documents and materials were not adequately supplied, further undermining the fairness of the process.
Importantly, the Court pointed out that the allegations largely stemmed from a personal marital dispute, which had already been resolved through mutual divorce. It held that such private disputes, without strong independent evidence of serious misconduct affecting public service, cannot justify the extreme penalty of dismissal.
The judgment further stated that while courts generally exercise limited interference in disciplinary matters, intervention becomes necessary when findings are unsupported by evidence, procedures are unfair, or punishment is disproportionate.
Setting aside the dismissal order along with subsequent appellate decisions, the Court directed the authorities to reinstate the constable with continuity of service. However, considering that he had not worked during the intervening period, the Court awarded 50 percent back wages instead of full salary.
At the same time, the Court allowed the authorities the liberty to initiate fresh proceedings, provided they strictly follow due process and principles of natural justice.
This ruling reinforces the importance of fairness, procedural integrity, and proportionality in disciplinary actions within government service.
Case Reference : WPS No. 4792 of 2023, Shivkumar Saitode vs State of Chhattisgarh and Others; Counsels: For Petitioner – Mr. Ankit Singh, Advocate; For State/Respondents – Mr. Ashutosh Shukla, Panel Lawyer.
