New Delhi, May 31
The Supreme Court has ordered reinstatement of a police sub-inspector fired by the Mewat Superintendent of Police in 2008, holding that no government servant could be dismissed merely on the basis of any media sting operation showing him accepting bribe.

The then Mewat SP, KK Rao, had dismissed SI Rishan Singh on June 19 immediately after a TV sting, without holding any departmental inquiry and without giving reasons for dispensing with the due process. In his order, the SP had noted that the corrupt SI “has not only tarnished the image of the Haryana Police but also rudely shaken the citizens’ faith in the entire police force by acting in the most reprehensible manner.”

“The state government shall conduct itself as a model employer and act with the objectivity which is expected from it,” a Bench comprising Justices Dipak Misra and NV Ramana ruled in a verdict, pointing out that the departmental inquiry could be dispensed with only after giving reasons for doing so.

The Punjab and Haryana High Court had upheld the SP’s order in November 2008, prompting the dismissed cop to move the SC. “Non-ascribing of reason while passing an order dispensing with inquiry, which otherwise is a must, definitely invalidates such an action...the irresistible conclusion is that the order passed by the SP dispensing with the inquiry is totally unsustainable and is hereby annulled,” the SC said. The court also came down heavily on the HC for endorsing the dismissal order.

As Singh had attained the superannuation age when the case was pending, the SC said he "shall be deemed to have been in service till the date of superannuation...he shall be entitled to all consequential benefits. The arrears shall be computed and paid to the appellant within a period of three months."