The Rajasthan High Court has quashed the dismissal order of a Police Constable, ruling that findings recorded in a Preliminary Enquiry cannot be made the sole basis for punishment if the charges are not substantiated by evidence led during the regular departmental enquiry.

In the case of Shankar Ram Vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 981/2019) , the Bench of Justice Farjand Ali held that the Reviewing Authority committed an error apparent on the face of the record by relying on preliminary enquiry statements while ignoring the fact that key witnesses had turned hostile during the formal disciplinary proceedings.

Case Background

The petitioner, Shankar Ram, who joined service as a Constable on September 24, 2008, was issued a charge-sheet on May 4, 2015.

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