High Court: No Warning Punishment Without Notice if Cleared in Departmental Inquiry

Allahabad High Court rules in favor of Home Guard, strikes down commandant’s order

The Allahabad High Court has held that if an employee is acquitted in a departmental inquiry, authorities cannot issue a warning or punitive order without serving notice. The ruling came in response to a petition filed by Dharm Dev Murmu, a Home Guard serving in Gautam Buddha Nagar, who challenged the warning issued against him.

 

Murmu had been accused of negligence while on duty in 2019. Following a departmental inquiry, the inquiry officer’s report acquitted him of all charges, finding no evidence of misconduct. Despite this, the Commandant later issued a warning without prior notice, treating him as negligent.

 

The Court, presided over by Justice Vishwa Rai, observed that such an action violated principles of natural justice. It stated that once an officer is acquitted in a duly conducted departmental inquiry, no warning or minor punishment can be imposed unless due process, including prior notice and hearing, is followed.

 

The Court further emphasized that disciplinary authorities must respect inquiry findings and cannot independently impose penalties contrary to the report. Accordingly, the Court quashed the warning order and granted relief to the petitioner.