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Synopsis

The Allahabad High Court has set aside the Uttar Pradesh government’s order removing Raj Pal Singh Dishwar from his role as Additional District Government Counsel (Criminal) in Hathras. The removal was based on claims that he made objectionable comments about Mahatma Gandhi, but the court found the entire action against Dushwar to be full of malice.

An order dated May 10, 2024, issued by the Joint Secretary of the Law Department ended Dishwar’s attachment as ADGC. The order was based on a report submitted by the Hathras District Magistrate. The report cited an inquiry conducted by a two-member committee comprising a Sub-Divisional Magistrate and a Circle Officer. Dishwar was accused of making objectionable comments about Mahatma Gandhi, allegedly captured in a video presented to the committee.

The High Court took a critical view of this allegation. It noted that the video’s source and authenticity were not verified, and the inquiry committee failed to explain how it obtained the footage.

Counsel for the Dishwar contended that the reliance on such unverified evidence undermined the entire inquiry process. Additionally, he claimed that Dishwar was not given a fair opportunity to defend himself against these allegations, a lapse acknowledged by the state’s counsel during the proceedings.

The bench of Justice Shekhar B. Saraf and Justice Kshitij Shailendra found that the inquiry report largely supported the petitioner’s case rather than substantiating the allegations. Court opined that vague and unverified materials were used to justify Dishwar’s removal.

The respondent representing the complainant highlighted that a new panel of ADGCs (Criminal) had already been approved, effectively replacing Dishwar. However, the court said that this development did not justify the original decision, which it deemed unjust and unsupported by substantial evidence.

In its order, the High Court directed the state government to reinstate Dishwar to his position within three weeks.

Case Title: Raj Pal Singh Dishwar Vs. State Of UP And 3 Others