TELEPHONIC TAPPING WOULD VIOLATE ARTICLE 21 OF THE CONSTITUTION UNLESS PERMITTED - CHATTISGARH HC

5th April 2021

While setting aside a dismissal order passed against a head constable and a constable, the Chhattisgarh HC observed that telephonic tapping would violate Article 21 of the constitution unless permitted under the procedure by law.

BACKGROUND

Justice Gautam Bhadurai was hearing pleas of petitioners dismissed from their service without holding any departmental enquiry. Merely, based on a CD recorded conversation with the criminals. As per the record, the petitioners had a conversation with a hardcore criminal, where he was offered some favour. It was stated that no departmental enquiry was held as the services were terminated based on telephonic conversation invoking power under Art 311 (2) and (b).

The Petitioners challenged the dismissal and alleged that the sources of the CD were not disclosed.

OBSERVATIONS

The Court noted that the respondent does not disclose the fact of how the voices were identified. The compact disk was not sent for examination to any expert or any Forensic Science Laboratory. The telephones in which the voice of conversation was recorded were not produced in original as laid under Section 65-B of the Evidence Act. 

Hence, the justification for dispensing with an enquiry based on a telephonic recorded conversation cannot be insulated by the judicial verdict—consequently, the orders of dismissal. However, the respondents would be at liberty to hold the departmental enquiry against the petitioners by giving them the proper opportunity of hearing and following the procedure of rules of natural justice.

Author: Papiha Ghoshal

PC: The Hans India