HC quashes departmental action against PSI suspended after liquor raid

Ahmedabad: The Gujarat high court quashed departmental action against a police sub-inspector (PSI) for alleged negligence after the state monitoring cell (SMC) seized Rs 48 lakh liquor in a vehicle that travelled from Rajasthan to Chotila taluka in Surendranagar district in 2019.In this case, Bamanbore PSI Ashok Pataliya was suspended in July 2019 after an SMC team intercepted a vehicle carrying a huge quantity of liquor. An inquiry took place against him for alleged negligence regarding the movement of contraband in his jurisdiction. He remained suspended for 10 months until April 2020.
The inquiry officer said the charge of negligence was not proved, but the disciplinary authority did not agree and imposed a penalty of withholding an increment for a six-month period without future effect. His suspension period was also confirmed.This brought the PSI to the high court, with his advocate, Archit Jani, submitting that the SMC finding liquor in the petitioner's jurisdiction did not make him negligent. He argued that the vehicle carrying liquor came from Rajasthan and entered Bamanbore police jurisdiction. In that case, officers concerned of all those police stations should be held negligent, from whose jurisdiction the vehicle travelled up to Chotila.The state govt defended the penalty and suspension.After hearing the case, Justice Nirzar Desai quashed the orders confirming suspension and stoppage of increment, and said, "It is crystal clear that in the instant case as well, when the negligence is attributed to the present petitioner, the same was not accepted by the Enquiry Officer as he recorded that the charges against the present petitioner were not proved and, therefore, though the Disciplinary Authority disagreed with the aforesaid findings, it did not give any reason which can be said to have been based on any factual foundation."The HC also rejected govt's request to remand the case back to the department for fresh proceedings against the PSI, and said that it would be a futile exercise.