Manohar Lal v. Commissioner of Police & Ors.

 Extraordinary power under Art. 311(2)(b) Const. of India cannot be invoked on mere presumption; dispensing with departmental inquiry requires objective material showing that holding the inquiry was “not reasonably practicable.”

Background

The appellant, a Delhi Police constable, was dismissed from service by the Deputy Commissioner of Police on 18 July 2017 by invoking Art. 311(2)(b) Const. of India, dispensing with a departmental inquiry on the ground that it was “not reasonably practicable” to conduct one due to apprehended intimidation of witnesses.

The dismissal was affirmed by the appellate authority, the Central Administrative Tribunal, and the Delhi High Court. The appellant challenged these orders before the Supreme Court.

Issues Framed

  1. Whether the disciplinary authority was justified in invoking the exception under Art. 311(2)(b) Const. of India to dispense with a departmental inquiry.

  2. Whether the reasons recorded by the authority were supported by material showing that holding the inquiry was not reasonably practicable.

Court’s Reasoning

1. Scope of the exception under Art. 311(2)(b) Const. of India

  • The Court relied on Union of India v. Tulsiram Patel (1985) 3 SCC 398 which explains that the phrase “not reasonably practicable” does not mean absolute impossibility but requires a reasonable assessment of the prevailing situation.

  • The disciplinary authority must record cogent reasons in writing demonstrating why conducting the inquiry would be impracticable.

  • Although the authority’s decision has statutory finality under Art. 311(3), courts retain judicial review to test whether the reasons are relevant and supported by material (¶130, ¶138).

2. Requirement of objective material

  • The Court examined the preliminary inquiry report relied upon by the disciplinary authority.

  • Statements of witnesses and documents collected during the inquiry did not disclose any instance of threats, intimidation, or inducement by the appellant.

  • The conclusion that witnesses might be threatened was merely a presumption of the inquiry officer, unsupported by evidence.

3. Relevance of the appellant’s custody

  • The dismissal order was passed while the appellant was in judicial custody.

  • In such circumstances, the authority failed to indicate any specific instance of intimidation from custody, which further undermined the justification for dispensing with the inquiry.

4. Improper application of the constitutional exception

  • Following precedents such as Jaswant Singh v. State of Punjab, Tarsem Singh v. State of Punjab, and Risal Singh v. State of Haryana, the Court reiterated that the exception cannot be invoked lightly, arbitrarily, or merely on conjecture.

  • The disciplinary authority must demonstrate objective satisfaction based on material, not mere suspicion.

5. Failure of authorities below

  • The CAT and the High Court failed to properly examine whether the reasons recorded actually justified dispensing with the inquiry.

  • Acceptance of the disciplinary authority’s reasoning without scrutiny was contrary to the principles laid down in Tulsiram Patel.

Decision 

  • The Supreme Court set aside the orders of the CAT and the Delhi High Court, and quashed the dismissal order passed by the DCP.

  • The appellant was directed to be reinstated with continuity of service, with 50% back wages from the date of dismissal until reinstatement.

  • The authorities were left free to initiate disciplinary proceedings in accordance with law.

Ratio

Dispensing with a departmental inquiry under Art. 311(2)(b) Const. of India is permissible only where the disciplinary authority records objective, material-based reasons showing that holding the inquiry is not reasonably practicable; mere presumption or apprehension of witness intimidation is insufficient. 

Case Details

Citation: 2026 INSC 234
Decided on: 12 March 2026
Case Title: Manohar Lal v. Commissioner of Police & Ors.
Court: Supreme Court of India
Bench: J.K. Maheshwari, J.


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