Tribunal sets aside cop’s dismissal without inquiry

Mumbai: The Maharashtra Administrative Tribunal (MAT) has set aside the dismissal of then police head constable, holding that the Nashik police commissionerate acted arbitrarily by dispensing with a departmental inquiry without recording valid reasons.Yuvraj Patil was dismissed by the Nashik police chief under Article 311(2) (b) of the Constitution on the charge of serious misconduct and alleged links with criminals, including drug peddlers. He was also an accused in a 2022 drug case. Article 311(2) (b) allows for a public servant's removal without an inquiry when it is not "reasonably" practical to do so.Patil said the dismissal violated his right under Article 311, which states that a govt servant can't be removed without being given a reasonable opportunity to mount a defence through a proper departmental inquiry.The MAT bench of Justice Mangesh S Patil (chairman) and member A M Kulkarni said it is a well settled law that the gravity of misconduct alone isn't sufficient to bypass the due process.