Delhi HC: CBI Officer's Dismissal Overturned Due to Procedural Flaws

Quick Summary: Neeraj Agarwal, a CBI officer, was dismissed without a full investigation. The Delhi High Court overturned this decision, ordering his reinstatement. Here's what happened.

Background of the Case

Neeraj Agarwal began his career with the Central Industrial Security Force (CISF) in 1988 and later joined the Central Bureau of Investigation (CBI) in 1999. He worked his way up to become a Deputy Superintendent of Police in 2014. While working in Mumbai, he was accused of taking a bribe, which led to his arrest on April 23, 2017.

The Allegations

On April 22, 2017, Pradip V. Shah, a retired bank cashier, filed a complaint accusing Neeraj Agarwal of asking for a bribe. The CBI set up a sting operation, caught him, and arrested him. He was suspended on May 8, 2017, and a criminal investigation was started.

Disciplinary Actions

In December 2017, the authorities in charge of discipline suggested firing Neeraj Agarwal without a standard investigation, saying it was not practical under certain rules of the Indian Constitution. The Union Public Service Commission (UPSC) recommended his dismissal, and on June 19, 2018, Neeraj Agarwal was officially fired.

Tribunal's Decision

Neeraj Agarwal contested this firing in the Central Administrative Tribunal, but his case was dismissed on December 20, 2022. The Tribunal agreed with the decision to fire him, saying it was justified.

High Court's Findings

The Delhi High Court, on December 24, 2025, found several problems with the firing process:

1. Lack of Evidence: The Court noted that the reasons for not holding an investigation were guesses without real facts to back them up.

"These are broad, anticipatory statements, unaccompanied by any material indicating that a single witness has expressed fear or reluctance."

1. Improper Process: The decision to fire him was influenced by a supervising officer's recommendations instead of an independent authority.

2. Failure to Follow Protocols: The Court pointed out that important advice from the Central Vigilance Commission (CVC) was not asked for, which was a crucial step in the process.

Orders

The High Court canceled the firing order and instructed that Neeraj Agarwal be given his job back with all benefits. However, it allowed for the possibility of new disciplinary actions, as long as they follow the correct legal steps.

"The respondents are directed to reinstate the petitioner in service with all consequential benefits."

This case shows how important it is to follow fair procedures and the need for independent reviews in disciplinary actions.