Nainital, The Uttarakhand High Court has quashed a lower court order that had directed ₹500 be deducted from the salary of an investigating officer in a 2013 case.
Justice Alok Mahara stated that no penalty, including a pay cut, can be imposed on a government employee without being allowed to be heard.
The case was filed by Police Sub-Inspector Sarita Shah, challenging an order passed by the District and Sessions Judge of Tehri Garhwal in November 2013.
In August 2013, Prabha Raturi, a member of the District Child Welfare Committee of Tehri Garhwal, filed a complaint, accusing a man from a village in the district of allegedly raping his daughter.
Sarita Shah investigated the case and filed a charge sheet against two accused under sections 376 and 506 of the Indian Penal Code. However, the lower court acquitted both accused.
The sessions judge, while acquitting the two, stated that Shah had framed one of them under false charge and wrongfully incarcerated him. The judge directed Sarita Shah to pay the accused ₹500 as compensation under Section 358 of the Code of Criminal Procedure.
The court directed the Tehri Garhwal superintendent of police to deduct the amount from Sarita Shah's salary and pay it to the accused.
{{/usCountry}}The court directed the Tehri Garhwal superintendent of police to deduct the amount from Sarita Shah's salary and pay it to the accused.
{{/usCountry}}Sarita Shah challenged the order in the high court, arguing that Section 358 of CrPC cannot be invoked against an investigating police officer, and even if the arrest is found to be unjustified, only a magistrate can order compensation.
Sarita Shah argued that a pay cut is a punitive action that adversely affects an officer's career, and therefore, such punishment or adverse remarks cannot be imposed without providing a fair opportunity to be heard.
Agreeing, the high court declared the sessions judge's order as unreasonable and contrary to the principles of natural justice and set aside both the penalty imposed and the remarks made by him.
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