pronounce of wrong finding in the judgement not a base to removal from the service.
“Even in a case where a regular departmental inquiry is started, a charge-memo issued, reply obtained, and an enquiry Officer is appointed — if at that point of time, the inquiry is dropped and a simple notice of termination is passed, the same will not be punitive because the enquiry Officer has not recorded evidence nor given any findings on the charges. That is what is held in Sukh Raj Bahadur’s case [AIR 1968 SC 1089] and in Benjamin’s case (1967 1 LLJ 718 (SC)]. In the latter case, the departmental inquiry was stopped because the employer was not sure of establishing the guilt of the employee. In all these cases, the allegations against the employee merely raised a cloud on his conduct and as pointed by Krishna Iyer, J. in Gujarat Steel Tubes case [(1980) 2 SCC 593], the employer was entitled to say that he would not continue an employee against whom allegations were made the truth of which the employer was not interested to ascertain.
Article 311(2) of the Constitution of India
“311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges; Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed.
Abhay Jain Vs. The High Court of Judicature for Rajasthan and Anr. sc of india