- The Allahabad HC has, in Sangram Yadav vs State of UP has held that it has been established through a plethora of decisions that the prosecution has to stand on it’s own two feet and cannot rely on a mere suspicion for the discharge of its burden.
- In the instant case, an information was given by the Station House Officer, Nevdhia, District Jaunpur to the SP, Jaunpur that he had received a complaint through his mobile that the petitioner had, under the influence of alcohol, had misbehaved with a private cook Shamshad Ahmed. The petitioner was suspended in the consequence thereof.
- An enquiry was conducted and the petitioner was found guilty of the charges levied against him and his removal was ordered under Rule 4(1) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991.
- Both appeal and revision which were filed by the petitioner were dismissed and hence he had filed the present writ petition.
- The Counsel for the petitioner argued that the entire enquiry was a sham, and that no eye-witnesses were examined by the Enquiry Officer except the Station House Officer who had received the initial complaint on his phone. It was further alleged that only the medical report which was based upon the smell coming from the petitioner was relied upon. Neither blood nor blood tests were taken and thus, it could not be said with any certainty that the petitioner was under the influence of alcohol or that any such misbehaviour actually took place.
- The Counsel for the petitioner relied upon the judgement of the Hon’ble SC in Bachubhai Hassanalli Karyani vs State of Maharashtra (1971) SCC and Gurcharan Singh and anr. vs. State of Punjab AIR 1956 SC wherein it was held that the prosecution must stand on its own two legs and should base its findings on the evidence led by it. It doesn't really matter whether the accused made out a plausible defence or not.
- The petitioner also relied upon a judgement of the Constitutional Bench of the Hon’ble SC in Union of India vs. HC Goel AIR 1964 SC wherein it was held that suspicion cannot be allowed to take the place of proof even in domestic enquiries, the likes of which is the subject of the present case.
- The Hon’ble HC agreed with the arguments advanced by the petitioner and noted that the impugned order of suspension is unsustainable and is liable to be set aside.
- Hence, the writ petition was allowed.
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