The Supreme Court held that without an administrative enquiry recommendation, cases against public servants for dereliction of duty under the SC/ST Act cannot proceed.
The Supreme Court ruled that an administrative enquiry recommendation is essential before initiating legal proceedings against a public servant for dereliction of duty under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This decision overturns the High Court’s previous findings.
Justices MM Sundresh and SVN Bhatti emphasized that this administrative step is a prerequisite for starting penal actions under Section 4(2) of the Act. This provision ensures public servants are protected from unwarranted prosecution by dissatisfied complainants.
The case arose from a complaint against a Station House Officer (SHO) for not registering an FIR under the Act. The trial court dismissed the complaint due to the lack of an administrative enquiry recommendation. The High Court reversed this decision, prompting an appeal to the Supreme Court.
Justice SVN Bhatti clarified that without an administrative enquiry’s recommendation, any commission or omission by a public servant does not become a cognizable offence. This ensures that allegations of neglect are substantiated before legal action.
The Supreme Court underscored the necessity for administrative enquiries to assess whether a public servant’s conduct was willful or bonafide. The ruling aligns with the Delhi High Court’s decision in Bijender Singh v. State and Anr., mandating an enquiry report before criminal proceedings.
Consequently, the Supreme Court set aside the High Court’s judgment, reinforcing the need for procedural safeguards in prosecuting public servants under the Act.
lZLBJDhbrAGHy