As per case facts, Inderjit Singh, an accountant, committed fraud. He moved Section 319 Cr.P.C. applications to summon DDOs (Mona A. Sreenivas) and an IO (Tekan Raj) as additional accused. ...
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
234 CWP-18691 of 2021
Date of Decision: 12.05.2025
ROHIT KUMAR
... Petitioner
VERSUS
UNION OF INDIA AND OTHERS
... Respondents
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.
Present: Mr. N.K. Kohli, Advocate for the petitioner.
Mr. Karan Kumar Jund, Sr. Panel Counsel
for the respondents.
****
VINOD S. BHARDWAJ, J. (ORAL)
The petitioner has instituted the present writ petition challenging the
order dated 30.04.2021 (Annexure P-1), issued by Respondent No.1 – the
Commandant, National Defence Academy (NDA), Khadakwasla, Pune, whereby
the petitioner was withdrawn from the National Defence Academy on disciplinary
grounds.
Learned counsel for the petitioner submits that the petitioner belongs
to a family with a legacy of service in the Armed Forces, being the second-
generation serviceman. His father retired from the rank of Havildar and was
conferred the honorary rank of Naib Subedar at the time of retirement. The
petitioner qualified for and was selected in NDA Course No. 140, scheduled to
commence in July 2018. He joined the Academy as an Army Cadet on 09.07.2018
and is stated to have undergone training with utmost dedication, diligence, and
enthusiasm.
CWP-18691 of 2021 -2-
It is contended that the petitioner was an exemplary cadet and, in
recognition of his leadership and merit, was appointed as the Divisional Cadet
Captain, a position of responsibility which, according to learned counsel, may have
led to resentment among certain junior cadets. As Divisional Cadet Captain, the
petitioner was tasked with maintaining discipline and ensuring compliance with
Academy regulations during non-training hours—duties that, by their nature, might
have earned him unpopularity among some of his peers.
Learned counsel further submits that on 18.02.2021, one cadet from
the Third Term absented himself from the Club Parade. Upon being apprised of the
absence, the petitioner directed his term mates to instruct the said cadet to report to
him after the conclusion of the parade. However, the absentee cadet appeared only
later that evening. When questioned regarding the delay and not satisfied with the
response, the petitioner is stated to have imposed a minor penalty upon him. It is
contended that the sequence of events, as narrated in detail in the writ petition,
indicates that the petitioner became the victim of certain frivolous and malicious
complaints arising from this incident.
Despite being at the threshold of completing his final term of training
on 30.04.2021, the petitioner was, on 29.04.2021, informed orally that he was to be
marched before the Commandant. Upon presentation, he was informed that he had
been awarded the punishment of withdrawal from the course on disciplinary
grounds. The formal movement orders, dated 30.04.2021, were thereafter issued to
him, conveying that the petitioner stood withdrawn from the Academy with effect
from 29.04.2021 on account of disciplinary reasons.
Learned counsel for the petitioner further contends that the impugned
order of withdrawal stands vitiated for having been passed in utter disregard of the
CWP-18691 of 2021 -3-
principles of natural justice and in violation of the petitioner's fundamental right to
a fair hearing. It is urged that the petitioner was condemned unheard, and the
punitive action taken against him is manifestly arbitrary, illegal, and liable to be set
aside on the following grounds:-
(i) That no charge sheet or statement of allegations was ever served upon
the petitioner detailing the specific allegations levelled against him;
(ii) That no show cause notice was issued to the petitioner affording him
an opportunity to respond to or explain his defence against the charges;
(iii) That the petitioner was not supplied with the copy of evidence or
statement forming the basis of the alleged misconduct;
(iv) That no opportunity was given to the petitioner to seek assistance or
representation by a counsel of his choice to defend himself against the
imposition of such a grave and career-altering penalty;
(v) That no proper or fair inquiry was conducted into the alleged
misconduct, and the entire material and evidence relied upon was
collected and considered behind the petitioner s back;
(vi) That no reasoned or speaking order was passed by the disciplinary
authority delineating the evidence relied upon, the findings arrived at,
or the justification for imposing the extreme penalty of withdrawal
from the course.
It is thus contended that the entire disciplinary action culminating in
the petitioner s withdrawal suffers from procedural impropriety, denial of a fair
hearing, and arbitrariness, thereby warranting judicial interference.
Learned counsel further submits that the petitioner, in exercise of his
right under the Right to Information Act, 2005, sought information from the
CWP-18691 of 2021 -4-
respondents regarding the Academy Standing Orders and any other orders,
regulations, or policies governing the discipline of cadets, particularly those
prescribing the procedure for conducting inquiries and initiating disciplinary action.
He also sought specific information concerning the orders or policies delineating
the procedure for withdrawal of a cadet from the course on disciplinary grounds, if
such exist, as well as copy of the proceedings under the Court of Inquiry, including
statements of witnesses, the show cause notice, and related documents.
It is contended that, in response to the petitioner s RTI application, the
Chief Public Information Officer separately conveyed an admission that no show
cause notice is served upon individuals withdrawn on disciplinary grounds.
Furthermore, the petitioner was denied access to the relevant orders, policies, and
standing orders applicable to cadets, on the ground that such information pertains
to matters of national security.
Learned counsel vehemently argues that the rules, orders, and
instructions issued by the competent authority relating to disciplinary proceedings
or withdrawal of cadets from the National Defence Academy cannot be legitimately
characterized as a matter of national security or national interest, and therefore, such
denial is unjustified and impermissible.
The reply dated 13.07.2021 issued by the respondents to the
petitioner s RTI application dated 31.05.2021 is extracted hereunder:
Ser.
No.
Queries Reply
Para3(b)(i) Details of charges/
misconduct based on which
disciplinary action was taken.
Information sought vide
Para 3(b)(i) and Para
3(b)(ii) of RT1 application
CWP-18691 of 2021 -5-
Para3(b)(ii) Academy Standing
Orders and any other
orders/regulations/policy
governing discipline of cadets and
laying down procedure for injury
and processing of disciplinary
action.
has already been
communicated to Mi Subhas
Chander Badgujar (Father
of Shri Rohit Kumar as per
records held with this Office)
vide Headquarters National
Defence Academy letter
number 010799/ 39110/CDT
dated 30 April 2021.
Relevant extracts of the same
are being provided as per
Appendix to this reply.
Para3(b)(iii) Orders/policy laying
down procedure for withdrawal
from Academy on disciplinary
grounds and guidelines if any,
defining considerations before
award of such extreme punishment.
Information sought vide
Para 3(b)(iii) of the RTI
application is denied under
provisions of Section 8(1)(a)
of RTI Act 2005.
Para3(b)(iv) Proceedings and
report of the Inquiry in the case
including Video recordings of the
statements of witnesses and the
accused (applicant) as are
understood to have been made.
Information sought vide
Para 3(b)(iv) of the RTI
application is denied under
provisions of Section B(1)(j)
of RTI Act 2005, as it
infringes privacy of other
individuals involved in the
case.
Para3(b)(v) Show Cause Notice
served to the applicant for
proposed withdrawal from
Academy.
Show Cause Notice is not
served to individuals being
withdrawn on Disciplinary
Grounds.
Para3(b)(vi) Whether an
opportunity to seek legal advice for
his defence and/or submission of
his reply to Show Cause Notice was
provided.
Not Applicable as per reply
in Para 2(e)
Para3(b)(vii) Reply by the
applicant to the said Show Cause
Notice.
Not Applicable as per reply
in Para 2(e)
CWP-18691 of 2021 -6-
Para3(b)(viii) Report/comments of
Training/Advisory Board or
committee etc. with any other
designation which is required to
give its views with regard to
performance of the cadet during
training and desirability or
otherwise of the proposed
withdrawal from Academy
Information sought vide
Para 3(b)(vii) Pard 3(b)(viii)
Para 3(b)(ix) and Para 3(b)
(x) of the RTI application is
denied under provisions of
Section 8(1)(a) of RTI Act
2005.
Para3(b)(ix) Statement of Case for
proposed withdrawal from
Academy giving grounds for the
same along with supporting
material, if any.
Para3(b)(x) Orders of the
Commandant NDA and the
Competent Approving Authority
based on which the applicant was
withdrawn from the Academy.
(Emphasis supplied)
Referring to the foregoing, learned counsel for the petitioner
vehemently contends that the respondents have acted in a manifest arbitrary and
unjust manner, flagrantly violating the principles of natural justice. It is submitted
that no charge sheet was ever served upon the petitioner, no fair or proper
investigation was conducted, and the petitioner was denied an opportunity to defend
himself or to lead evidence in his support.
Responding to the above, learned counsel appearing for the
respondents submits that serious allegations of misconduct were levelled against
the petitioner which necessitated the Commandant, National Defence Academy,
Khadakwasla, to direct a Court of Inquiry into the matter. Pursuant to the findings
of the Court of Inquiry, the punishment of withdrawal from the course was imposed.
It is further averred on behalf of the respondents that the petitioner was
afforded an opportunity to produce witnesses in his defence before the Court of
CWP-18691 of 2021 -7-
Inquiry, however, the petitioner declined to avail the same. Hence, the principles of
natural justice were fully complied with and the disciplinary proceedings were
conducted in a fair and lawful manner. The relevant extract of the short reply filed
by the respondents reads thus: -
"4. That meanwhile, Petitioner and other Cadets were also
counselled by the Cadet Counsellor. Over a period of next one and a
half months, the Court of Inquiry recorded the statements of all
witnesses. Petitioner made a voluntary statement before the Court of
Inquiry and after all the statements of essential witnesses were
recorded, statement of the witnesses and evidence produced by them
were read over to him in the language he understood and he was also
afforded an opportunity to read all statements and read the exhibits.
After going through the statements and exhibits, he was further offered
the opportunity to make additional statements and to cross- question
any of the witnesses However, he declined to make any statement or to
cross-examine any witness. A certificate to this effect was also
tendered by Petitioner and the same is enclosed as Annexure R-1.
5. That subsequently, the Court of Inquiry was finalized and the
same was deliberated upon by the Commandant, who directed
initiation of Disciplinary action against the Petitioner. Accordingly,
Petitioner was marched up to the Battalion Commander in the
presence of the Squadron Commander and the Divisional Officer for
the following charges:-
(i) DISGRACEFUL CONDUCT OF AN INDECENT
KIND, in that he, at xx Squadron, National Defence Academy
Khadakwasla, Pune on 18 Feb 2021 at about 0015 hrs with
indecent intent made Cadet ABC, a junior cadet of the same
squadron get into bed with him in his cabin and made indecent
advances, which is contrary to Academy Standing Orders,
(ii) DISGRACEFUL CONDUCT OF AN INDECENT
KIND, in that he, at xx Squadron, National Defence Academy
CWP-18691 of 2021 -8-
Khadakwasla, Pune in the month of September 2019, with
indecent intent entered the cabin of Academy Cadet XYZ, a
junior cadet of the same squadron through the window and got
into his bed and made indecent advances, which is contrary to
Academy Standing Orders.
(iii) MISUSE OF GOVERNMENT PROPERTY, in that he,
was found in possession of about 40GB of pornographic
material on his Thin Client which is in contravention of
Academy Standing Orders
6. That during the marchup of the Battalion Commander, all the
charges levied against the Petitioner were read out by the Battalion
Commander and Petitioner was offered an opportunity to present any
witness in his defence. However, the Petitioner declined to do so.
Seeing the severity of the charges, the Battalion Commander
remanded Petitioner to the Deputy Commandant and Chief Instructor.
7. Subsequently, Petitioner was marched up to the Deputy
Commandant and Chief Instructor in the presence of the Battalion
Commander and Squadron Commander, wherein he was asked to
provide evidence /produce witness in his defence Since, the Petitioner
failed to present any evidence or witnesses in his favour, the Deputy
Commandant Chief Instructor remanded Petitioner to the
Commandant for Disciplinary action.
8. Thereafter, Petitioner was subsequently marched up to the
Commandant in presence of the Battalion Commander, Squadron
Commander and the Adjutant. The charges were read out to the
Petitioner by the Commandant and he was asked to plead for all the
charges independently. Petitioner pleaded Not Guilty' for offences
mentioned in Para 5 (i) and 5 (ii) and pleaded 'Guilty' for offence
mentioned in Para 5 (iii). He was again afforded an opportunity to
present any evidence/witnesses in his favour. However, the Petitioner
failed to present any evidence/witnesses to defend himself. After due
deliberations on the statement made by Cadet ABC and Cadet XYZ and
CWP-18691 of 2021 -9-
the documentary evidence available, the Commandant Recommended
the Withdrawal of Petitioner as per extant Academy policy on the
charges levied against the Petitioner. The withdrawal was finally
approved by Headquarters, Integrated Defence Staff, after
deliberations at their end."
Learned counsel for the respondents was specifically enquired
regarding the existence of any applicable Standing Orders of the National Defence
Academy prescribing the procedure for conducting disciplinary inquiries. In
response, he submitted that he is not in possession of, nor able to refer to, any such
Standing Orders or regulations governing the said procedure.
Further, counsel for the respondents was directed to inform the Rules, Instructions,
or Standing Orders applicable to the National Defence Academy which govern the
withdrawal of a cadet from the course on grounds of misconduct or disciplinary
action. However, he candidly stated that he is unable to refer to any such
authoritative provisions.
When further questioned about the issuance of any show cause notice
or charge sheet served upon the petitioner, and whether the charges were formally
communicated to the petitioner prior to the initiation of the Court of Inquiry, learned
counsel for the respondents did not dispute the position as disclosed under the Right
to Information Act, 2005. He conceded that no show cause notice was ever served
upon the petitioner.
I have heard the learned counsel for the respective parties and have
gone through the documents and record available on case file with their able
assistance.
Learned counsel for the respondents produced the original record
pertaining to the Court of Inquiry conducted against the petitioner. The same has
CWP-18691 of 2021 -10-
been perused and examined by this Court and subsequently returned to the counsel
in the same condition.
A perusal of the original record reveals that the Court of Inquiry was
convened on 14.03.2021 to investigate allegations of immoral acts of an unnatural
preference purportedly committed by the petitioner, based on reports submitted by
cadets of ‘C’ Squadron. The Court of Inquiry cited as many as six witnesses, whose
statements were recorded in the course of the inquiry.
It is also evident from the record that copies of the statements of these
witnesses, as well as the allegations, were never supplied to the petitioner. The
findings of the Court of Inquiry commence from Page No. 40 of the report, followed
by confidential deliberations. The recommendations of the Court of Inquiry, along
with remarks made by the Commandant and Deputy Commandant, have also been
scrutinized. It is evident from the same that none of the inquiry proceedings were
countersigned or acknowledged by the petitioner at any stage. The record also
reflects that the Court of Inquiry put certain questions to the witnesses after the
framing of allegations.
Crucially, the petitioner was never provided with the materials relied
upon against him, nor was he furnished with any list of allegations or complaint,
and was merely required to respond to questions put to him by the Court of Inquiry.
The respondents attempt to characterize this limited questioning by the Court of
Inquiry as compliance with the principles of natural justice or as affording the
petitioner an opportunity to be apprised of the charges or to defend himself is wholly
misconceived and unsustainable.
The conduct of the Court of Inquiry proceedings, as evident from the
record, cannot be held to prima facie comply with the fundamental principles of
CWP-18691 of 2021 -11-
natural justice. The respondents failure to refer to any statutory rules, regulations,
or Standing Orders prescribing the procedure for conducting such fact-finding
inquiries, and more importantly, for the imposition of a penalty as grave and
extreme as withdrawal of a cadet from the course, despite the same being asked for
necessitates the drawing of an adverse inference against them.
On the face of it, the collection of evidence appears to have been
undertaken in a manner wholly dis-associating the petitioner, who was excluded
from participation at every stage. The petitioner was not supplied with copies of the
charge sheet, list of allegations, or any other relevant documents. Consequently, he
was deprived of an effective opportunity to confront or cross-examine the witnesses
whose statements were relied upon to substantiate the charges against him.
Even though the respondents have recorded in the inquiry report that
the petitioner was shown the statements of witnesses, the said statements do not
bear the countersignature of the petitioner. Furthermore, there is nothing mentioned
below the statements of the respective witnesses to indicate whether the petitioner
was afforded an opportunity to cross-examine them or that he had declined such an
opportunity. The contemporaneous record fails to corroborate the assertions made
in the inquiry report, thereby casting serious doubt on the procedural propriety and
fairness of the inquiry proceedings.
Once a definite finding or conclusive averment is recorded in an
inquiry report, the burden of proof shifts to the authority relying upon such report
to substantiate the conclusions drawn therein. A mere oral assertion, unsupported
by credible and cogent evidence, is insufficient to establish that the principles of
natural justice have been duly observed. It is a settled proposition of law that a plea
CWP-18691 of 2021 -12-
must be proven through admissible evidence, and the complete absence of such
proof renders the plea unsustainable.
Departmental proceedings, particularly those that carry significant
civil and professional consequences, are not perfunctory or procedural formalities.
They must adhere scrupulously to the standards of procedural fairness and natural
justice. This position finds authoritative affirmation in the judgment rendered by
the Hon’ble Supreme Court in State of Uttar Pradesh v. Saroj Kumar Sinha,
reported as (2010) 2 SCC 772, wherein it was held that fairness and due process
are indispensable in any disciplinary inquiry having serious implications for the
rights and entitlements of a delinquent employee. The operative part thereof reads
thus: -
“29. Apart from the above, by virtue of Article 311(2) of the
Constitution of India the departmental enquiry had to be conducted in
accordance with the rules of natural justice. It is a basic requirement
of the rules of natural justice that an employee be given a reasonable
opportunity of being heard in any proceedings which may culminate
in punishment being imposed on the employee.
30. When a departmental enquiry is conducted against the
government servant it cannot be treated as a casual exercise. The
enquiry proceedings also cannot be conducted with a closed mind. The
inquiry officer has to be wholly unbiased. The rules of natural justice
are required to be observed to ensure not only that justice is done but
is manifestly seen to be done. The object of rules of natural justice is
to ensure that a government servant is treated fairly in proceedings
which may culminate in imposition of punishment including
dismissal/removal from service.”
The Hon’ble Supreme Court has also held that procedural safeguards
should be commensurate with the sweep of the power. It said in the matter of Ranjit
Thakur Versus Union of India reported as (1987) 4 SCC 611 that wider the powers,
CWP-18691 of 2021 -13-
greater is the need for restraint in its exercise and correspondingly, more liberal in
the construction of procedural safeguard envisaged in the statute. The relevant
extract thereof reads thus: -
“11. The procedural safeguards contemplated in the Act must be
considered in the context of and corresponding to the plenitude of the
summary jurisdiction of the court-martial and the severity of the
consequences that visit the person subject to that jurisdiction. The
procedural safeguards should be commensurate with the sweep of the
powers. The wider the power, the greater the need for the restraint in
its exercise and correspondingly, more liberal the construction of the
procedural safeguards envisaged by the statute. The oft-quoted words
of Frankfurter, J. in Vitarelli v. Seaton [359 US 535, 546-47: 3 L Ed
2d 1012, 1021] are again worth recalling:
“. . .if dismissal from employment is based on a defined
procedure, even though generous beyond the requirements that
bind such agency, that procedure must be scrupulously
observed…. This judicially evolved rule of administrative law is
now firmly established and, if I may add, rightly so. He that takes
the procedural sword shall perish with that sword.””
Since the respondents have chosen not to produce or rely upon the
applicable Rules, Regulations, or governing orders, the validity of the disciplinary
action taken must be tested against the foundational safeguards enshrined under
Article 311(2) of the Constitution of India. This constitutional provision mandates
that no government servant shall be dismissed, 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.
The Hon’ble Supreme Court, in its authoritative pronouncement in
State of Punjab v. Amar Singh Harika, reported as AIR 1966 SC 1313, laid down
CWP-18691 of 2021 -14-
the essential procedural safeguards that must be observed in any departmental
inquiry. It was held therein that a valid disciplinary process necessarily requires:
(i) the furnishing of a charge sheet to the delinquent officer, clearly
outlining the allegations levelled against him; and
(ii) the grant of a reasonable and adequate opportunity to the delinquent to
respond to and rebut the said allegations.
These procedural requirements are not merely formal or directory in
nature but are substantive safeguards designed to prevent arbitrariness and ensure
fairness in disciplinary proceedings. Non-compliance with the same vitiates the
inquiry and renders the resultant action legally unsustainable.
The non-supply of essential documents—such as the applicable Rules,
a copy of the complaint, statements of the witnesses, and the enquiry report—
coupled with the denial of opportunity to cross-examine the witnesses, constitutes
a cumulative violation of the principles of natural justice. These lapses are neither
trivial nor procedural irregularities but go to the root of the disciplinary process,
thereby causing manifest prejudice to the charged officer. Jurisprudence on the
subject has consistently held that such omissions, whether individually or
collectively, vitiate the entire inquiry.
The invocation of privacy, often cited in defence of such non-
disclosure, cannot override the fundamental right of the delinquent employee to
reclaim his dignity and prove his innocence through a fair and transparent process.
The rights of the accused, especially in proceedings bearing the potential for civil
consequences such as loss of livelihood and reputation, cannot be subordinated to
vague notions of confidentiality.
CWP-18691 of 2021 -15-
It must be underscored that the gravity of the allegations, however
serious, cannot be a substitute for procedural fairness. The seriousness of the charge
cannot be permitted to justify a denial of the right to be heard. Even where the
prospects of exoneration may appear remote, the law mandates that an opportunity
to defend must be accorded. For, in the realm of disciplinary jurisprudence, it is not
merely the outcome that matters, but the process by which such outcome is
reached—particularly when honour and dignity are at stake.
Such procedural lapses vitiate the inquiry and cast serious doubts upon
the legitimacy of the disciplinary action taken against the petitioner.
The respondents have consciously withheld the most vital piece of
evidence in their possession and conducted the Court of Inquiry proceedings in a
manner that kept the charged official wholly uninformed about the nature of the
proceedings initiated against him and the material or evidence collected in support
thereof. In the absence of such disclosure, even a mere belated association of the
charged official in the proceedings cannot be deemed to satisfy the essential
requirements of the principles of natural justice.
No satisfactory explanation has been offered by the learned counsel
for the respondents as to the legal or regulatory source from which the procedure
adopted in the present case emanated. The deliberate withholding of such
foundational information even from this Court compels the drawing of an adverse
inference against the respondents. It is, therefore, deductible that the respondent-
authorities did not adhere to any prescribed procedure as contemplated under the
applicable Regulations, Standing Orders, or other governing instructions of the
National Defence Academy. Such omission further reinforces the conclusion that
the disciplinary action undertaken lacks the sanctity of due process.
CWP-18691 of 2021 -16-
Consequently, this Court is constrained to hold that the impugned
order dated 30.04.2021, whereby the petitioner was withdrawn from the Course at
the National Defence Academy, has not been proved to have been passed in
conformity either with the principles of natural justice or with the procedure
contemplated under the applicable Regulations and Standing Orders governing the
National Defence Academy.
In view thereof, the writ petition is allowed and the impugned order of
withdrawal dated 30.04.2021 is hereby quashed and set aside.
The matter is remanded to respondent No.2 – the Chief of the Army
Staff, Integrated Headquarters, Ministry of Defence (Army), South Block, New
Delhi (as informed by counsel for the respondents)– for passing a fresh order in
accordance with law, after affording the petitioner a fair and reasonable opportunity
of hearing, and strictly in adherence to the procedure prescribed under the relevant
Regulations and Standing Orders applicable to the National Defence Academy.
Let the necessary exercise be completed by respondent No.2 within a
period of four months of receipt of certified copy of this order.
Petition stands allowed accordingly.
(VINOD S. BHARDWAJ)
MAY 12, 2025. JUDGE
Rajender
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Legal Notes
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