In a pivotal judgment, the Supreme Court declared that public servants cannot face prosecution for dereliction of duty under the SC/ST Act, 1989, without a prior administrative enquiry recommendation. This decision overturns a previous High Court ruling and emphasizes the necessity of administrative oversight before initiating legal action.
Key Ruling Details
A bench comprising Justices MM Sundresh and SVN Bhatti clarified that initiating criminal proceedings for neglect of duty under Section 4(2) of the SC/ST Act requires a recommendation from an administrative enquiry. This provision serves as a safeguard for public servants against arbitrary prosecution driven by dissatisfied complainants.
Justice SVN Bhatti, authoring the judgment, noted that the law mandates an administrative enquiry to determine if the neglect was wilful before taking cognizance of the offence. The enquiry aims to establish whether the public servant’s failure was deliberate or bona fide, thus ensuring fairness in prosecution.
Case Background
The controversy began when a complainant accused a Station House Officer (SHO) of failing to register an FIR for an alleged offence under the SC/ST Act. The trial court refused to proceed against the SHO due to the lack of an administrative enquiry recommendation. The complainant then appealed to the High Court, which ruled in favor of initiating proceedings against the SHO. This decision was subsequently challenged in the Supreme Court.
Supreme Court’s Observations
The Supreme Court, in reversing the High Court’s decision, reiterated that the absence of an administrative enquiry’s recommendation bars cognizance of an offence under Section 4(2) of the Act. The bench stressed that an enquiry report is crucial to ascertain the facts and circumstances surrounding the alleged dereliction of duty.
The Court highlighted that the administrative enquiry provides a dual perspective: it considers the complainant’s accusations and the Department’s assessment, enabling a balanced decision on whether to prosecute. This process ensures that public servants are not unjustly subjected to legal actions based on unverified allegations.
Conclusion
The Supreme Court underscored the procedural necessity for an administrative enquiry before any legal action can be taken against public servants under the SC/ST Act. This ruling aims to protect public servants from unfounded prosecutions while maintaining accountability for genuine neglect of duty. Consequently, the Supreme Court allowed the appeal, setting aside the High Court’s judgment and reinforcing the legal requirement for administrative scrutiny prior to penal proceedings.
