No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe

The Jaipur bench of the Rajasthan High Court set aside a trial court order which made adverse remarks against the concerned circle officer and where the DGP was directed to initiate disciplinary proceedings against the officer for alleged negligence committed during the investigation of a case.

In doing so the court noted that the petitioner-circle officer was not the Investigating Officer in the case and no opportunity of hearing was provided to him before adverse remarks were passed. 

Justice Anoop Kumar Dhand observed that it was settled that no one could be condemned unheard, and before passing such adverse remarks that cast stigma on petitioner's service career, the presiding officer was duty bound to afford opportunity of hearing to the petitioner.

Perusing the record the court noted that the petitioner was not the Investigating Officer and he has not conducted any investigation of the case in hand. He was simply the Circle Officer and even then, adverse remarks have been passed against the petitioner without issuing any notice and without affording any opportunity of hearing to him, it noted.

"It is indeed a settled proposition of law and part of the principles of natural justice that a man cannot be condemned unheard. Therefore, before passing the adverse remarks against the petitioner, the Presiding Officer was duty bound to issue notice to the petitioner and afford him due opportunity of hearing, but in the instant case, without following the above aforesaid procedure, straightaway the order impugned has been passed which has casted stigma on the service career of the petitioner. In the considered opinion of this Court, before passing the impugned order, a fair opportunity of hearing ought to have been given to the petitioner," the court said. 

The petitioner claimed that even though he was not the IO in the case, ex-parte remarks were passed against him and the disciplinary inquiry was ordered without issuing any notice to him or affording any opportunity of hearing which was gross violation of principles of natural justice.

After perusing the records, the Court agreed with the petitioner's submissions and highlighted that he was not the IO in that case rather just a circle officer, and held that,

It thus allowed the plea setting aside the trial court order. It further remitted the matter to the trial court for passing of fresh order after affording opportunity of hearing to the petitioner.

Case Title: Manoj Sharma v State of Rajasthan

Citation: 2025 LiveLaw (Raj) 86

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