VidhiSangh

Supreme Court of India · 12/03/2026

MANOHAR LAL versus COMMISSIONER OF POLICE & ORS.

[2026] 3 S.C.R. 358 · 2026 INSC 234

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Summary

The Court quashed the dismissal of a Delhi Police constable under clause (b) of the second proviso to Article 311(2) without a departmental inquiry. The finding that an inquiry was not reasonably practicable rested on the presumption of the preliminary inquiry officer: none of the recorded witness statements showed any threat or intimidation, and the constable was in custody when dismissed. He was reinstated with 50% back wages, leaving the department free to hold a regular inquiry.

Issues

  1. Whether the disciplinary authority validly dispensed with a regular departmental inquiry under clause (b) of the second proviso to Article 311(2) on the ground that holding it was not reasonably practicable.
  2. What is the scope of judicial review of such a decision, and did the Tribunal and High Court apply it correctly.

Provisions considered

Held

Result

Appeal allowed; the orders of the CAT and High Court set aside and the dismissal order and appellate order quashed; appellant to be reinstated forthwith with continuity of service and notional consequential benefits, with back wages restricted to 50% given his alleged involvement in a criminal case; the department remains free to hold a departmental inquiry in accordance with law; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2026] 3 S.C.R. 358.