MOHIT KUMAR SHAH
Anant Kumar Sharma – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
2. The present writ petition has been filed for quashing the order dated 24.10.2018 passed by the Commandant, BMP-15, Valmikinagar, Bagaha camp-BMP-6, Muzaffarpur, whereby and whereunder the petitioner has been inflicted with the punishment of withholding of increment for six months. The petitioner has also prayed for quashing of the order dated 25.05.2019 passed by the Deputy Inspector General of Police, Military Police, Northern Zone, Muzaffarpur, whereby and whereunder the appeal of the petitioner has been rejected.
3. The brief facts of the case are that the petitioner had taken leave of nine days from 11.06.2018, for taking his daughter to Delhi to get her admitted in a coaching institute and he was supposed to join duty on 21.06.2018 but on account of certain unavoidable circumstances, the petitioner found that he would not be able to join his duty on 21.06.2018, hence he submitted a representation before the Commandant, BMP-15, Valmikinagar on 19.06.2018 by E-mail and requested h
The central legal point established in the judgment is that 'wilful overstaying' does not include situations where a person was forced to overstay due to health hazards, and that excessive punishment....
The court emphasized the importance of procedural compliance in disciplinary proceedings and upheld the principle of proportionality in imposing punishment.
Procedural fairness and adherence to natural justice are paramount in disciplinary proceedings; punishment must be based solely on the charge framed, and prior records cannot be considered unless exp....
The doctrine of proportionality must be applied in determining the proportionality of punishment in disciplinary proceedings, and the punishment must be commensurate with the fault committed.
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