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P. B. BAJANTHRI
Chandrawati Devi – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J.—In the instant petition, petitioners have prayed for the following reliefs:—
“(i) For issuance of writ in the nature of certiorari for quashing the Memo No.319 dated 15.04.2019,/whereby and whereunder representation of the petitioners has been rejected in a very erroneous and mechanical manner by the Inspector General of Police (Budget/Appeal/Welfare), Bihar, Patna by the order of Director General of Police, Bihar, Patna.
(ii) For issuance of writ in the nature of certiorari for quashing the District Order No.40/2003 issued by Memo No.71 dated 18.01.2003by which the petitioners have been dismissed on the ground that their appointments were illegally made by previous D.G. cum I.G. Bihar, Patna without any show cause.
(ii) For issuance of writ in the nature of mandamus directing the respondent authorities to consider and appoint the petitioners for the post of Constable and and to give all notional benefits including the arrears of salary of thee all dismissal period as well as ancillary/consequential benefits with statutory interest.
(iv) For any other relief or reliefs for which the petitioners are found to be entitled in the facts and circumstances of the case.”
2.
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 rejection of benefits must be based on a proper application of mind, and disciplinary action must be conducted expeditiously with appropriate evidence.
The main legal point established in the judgment is the importance of adhering to natural justice principles in disciplinary proceedings, including providing a fair opportunity for the accused to def....
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