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by sayum
26 August 2026 6:42 AM
“Subjective Satisfaction of Disciplinary Authority Must Flow From Reconciliation of Enquiry Report, Reason for Disagreement, and Employee’s Explanation”, Madhya Pradesh High Court delivered a significant judgment on the principles of natural justice in departmental inquiries. A Division Bench comprising Justice Anand Pathak and Justice Pushpendra Yadav held that termination of a government employee despite exoneration by the Enquiry Officer—without affording an opportunity of hearing before disagreement—is unsustainable in law. The Court allowed the writ appeal, set aside the termination order, and remanded the matter to the disciplinary authority for fresh consideration from the stage where the process stood vitiated.
The case carries crucial implications for public employment jurisprudence, particularly concerning the procedural duties of disciplinary authorities under Article 309 of the Constitution, Railway Protection Force Rules, 1987, and the enduring mandate of fair play in administrative action.
Disciplinary Authority Must Give Tentative Reasons and Invite Response Before Overruling Enquiry Officer’s Findings
The Court found that the disciplinary authority had acted in breach of natural justice by terminating the petitioner, a constable in the Railway Protection Special Force, despite the Enquiry Officer having exonerated him of all charges. As per the Court, “if disciplinary authority is taking a different view than the enquiry officer, then it is bound to give a notice setting out its tentative conclusions to the charged employee and only after hearing the said employee, it can conclude about finding of guilt.”
The judgment reinforces the settled position that when the disciplinary authority disagrees with a report exonerating the delinquent, a pre-decisional hearing is not optional—but mandatory.
“The subjective satisfaction can only be reached if the report of enquiry officer, reason for such disagreement, and explanation of the employee are reconciled, churned and analyzed in juxtaposition. If reasons are recorded without seeking an explanation from the employee, it would not only cause prejudice but also vitiate the proceeding,” the Court observed.
Constable Terminated Despite Acquittal in Internal Inquiry
The petitioner, Mahendra Singh Chauhan, was appointed in 1990 as a constable in the RPSF. While on sanctioned casual leave in June 2016, he was detained by the local police in a criminal case under the IPC and Arms Act. His mobile phone was seized and he failed to report back on time. Subsequently, he was suspended and served with a departmental charge-sheet.
The Enquiry Officer submitted a report on 24-02-2019, exonerating the petitioner of all charges. However, the disciplinary authority, without issuing any notice of disagreement or seeking the petitioner’s response, passed an order of termination dated 29-03-2019.
Appeals and revision within the department failed, and the writ petition was dismissed by the Single Judge on 20-02-2025. The present writ appeal was filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, challenging the legality of the termination and the writ court's decision.
Rules Do Not Exclude Hearing—Natural Justice Must Be Read Into Rule 154.5 of RPF Rules
The respondents had contended that Rule 154.5 of the RPF Rules allows the disciplinary authority to disagree with the Enquiry Officer and that the petitioner had adequate opportunity. The High Court rejected this argument, holding that the rule does not oust the requirement of hearing, and in fact, impliedly includes it.
The Court emphasized that procedural fairness requires more than token compliance: “If the disciplinary authority acts on its own notions, without affording an opportunity to the delinquent to explain or defend the favourable enquiry report, the process is rendered legally unsustainable.”
This conclusion was squarely supported by the rulings of the Supreme Court in:
Punjab National Bank v. Kunj Behari Misra, (1998) 7 SCC 84
Yoginath D. Bagde v. State of Maharashtra, AIR 1999 SC 3734
Lav Nigam v. Chairman & MD, ITI Ltd., (2006) 9 SCC 440
As the Court cited in Kunj Behari Misra, “whenever the disciplinary authority disagrees with the enquiry authority on any article of charge, it must record its tentative reasons and give the delinquent officer an opportunity to represent before it records its findings.”
Remand is the Correct Remedy Where Inquiry Process is Vitiated
Noting that the procedural illegality occurred at the stage of disagreement, the High Court found it appropriate to remand the matter to the disciplinary authority. The Court relied on binding precedent including:
Allahabad Bank v. Krishna Narayan Tewari, (2017) 2 SCC 308
LIC v. A. Masilamani, (2013) 6 SCC 530
ECIL v. B. Karunakar, AIR 1994 SC 1074
Reiterating the law laid down by the Supreme Court, the Bench held: “Once an order of punishment is set aside due to a procedural lapse, the case must be remanded to the disciplinary authority to re-initiate proceedings from the stage of defect, unless exceptional circumstances exist.”
The Court clarified that it was not commenting on the merits of the charges but only correcting the procedural illegality, directing that the proceedings be concluded independently and expeditiously within three months.
This judgment reaffirms a foundational principle of Indian service law: disciplinary action must comply with the principles of natural justice, especially when a clean chit by the Enquiry Officer is reversed. The Madhya Pradesh High Court, by applying well-settled law, has once again underlined that fair procedure is not a formality but a substantive right of the employee, enshrined under Article 309 and the jurisprudence surrounding it.
The Court’s insistence on fresh opportunity, fair hearing, and remand instead of direct reinstatement reflects judicial restraint as well as fidelity to constitutional values in public employment.
Date of Decision: December 16, 2025
