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P. B. BAJANTHRI, PURNENDU SINGH
State of Bihar – Appellant
Versus
Md. Shafique Ansari – Respondent
P. B. Bajanthri, J.—Heard learned counsels for the respective parties.
2. The instant appeal is filed by State of Bihar. They have questioned the validity of order of the learned Single Judge dated 22.07.2015 passed in C.W.J.C. No. 12672 of 2000.
3. The respondent – Md. Shafique Ansari who was a Constable of the Police Department (Railway Police) alleged to have remained unauthorized absent on two spells namely from 09.05.1995 to 22.01.1996 and from 12.04.1996 to 05.07.1996. For remaining unauthorized absent for the aforesaid period, respondent was subjected to disciplinary proceedings and it was concluded in imposing penalty of dismissal from service on 08.07.1997. Thereafter, respondent preferred appeal before the appellate authority and it was affirmed by the appellate authority on 15.09.1998. Further respondent is stated to have submitted representation to Inspector General of Police, Railway against the order of the disciplinary and appellate authority and it was rejected on 26.11.1999. Thus, the respondent preferred C.W.J.C. No. 12672 of 2000 in which he has questioned the orders dated 08.07.1997, 15.09.1998 and 26.11.1999.
4. The learned Single Judge proceeded to set aside all
The disciplinary and appellate authorities must consider the petitioner's contentions in the proceedings and address them in their orders to ensure reasoned decisions and application of mind.
The main legal point established in the judgment is that departmental inquiries must be conducted in accordance with the relevant rules and provisions, and non-compliance can lead to the setting asid....
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