SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Pat) 846

IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, J.
CWJC No. 15166 of 2013
(12.5.2022)
Pankaj Kumar Paswan .... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioner: M/s Abdul Mannan Khan, Binay Kumar.
For the Respondents: Mr. Tej Bahadur Singh.

Headnote:

Service Law – Dismissal – Petitioner was subjected to parallel proceedings – Disciplinary proceedings was concluded in imposition of penalty of dismissal from service on and it was affirmed by both appellate and revisional authority respectively – It was an ex-parte enquiry so also presenting officer has not presented departmental case before inquiring authority – Inquiring officer has acted as an inquiring officer as well as presenting officer while holding charges levelled against petitioner are proved – Inquiring authority has violated provisions of disciplinary rules – Assuming that petitioner has appeared on dates before inquiring authority, inquiring authority has not taken signature of petitioner – One has to draw inference that petitioner has remained ex-parte in inquiry – Petitioner has made out a prima facie case so as to interfere with order of dismissal – Impugned orders set aside – Concerned official respondents directed to reinstate petitioner within a period of one month – Petitioner is entitled to all service benefits including monetary benefits – Petition allowed. (Paras 6 to 8)

P. B. Bajanthri, J.—In the instant petition, petitioner has prayed for the following relief/reliefs:—

“That this is an application for invoking the writ jurisdiction of this Hon’ble Court for grant of the following reliefs:

(i) For issuance of a writ of certiorari or nay other appropriate writ order or direction for quashing the order dated 30.04.2013 contained in memo no. 1951 / L- 1 in Purnea District Departmental Proceeding No. 45/2011 passed by the respondent no. 3 the D.G.P. Bihar, Patna by which he has most arbitrarily and quite erroneously dismissed his revision/ representation against the order of dismissal passed by the disciplinary as well as appellate authority without considering the merit of the case.

(ii) For issuance of a writ of certiorari or any other appropriate writ order or direction for quashing the order dated 18.07.2012 contained in memo no. 821 passed by the respondent no.4, The D.I.G. Purnea by which he has most arbitrarily and quite erroneously dismissed the petitioners appeal against this dismissal from the post of police constable without considering the merit of the case.

(iii) For issuance of a writ of certiorari or another appropriate writ, order or direction for quashing the order dated 07.03.2012 contained in memo no. 688 passed by the respondent no.5. The S.P. Purnea by which he has most arbitrarily and quite erroneously dismissed the petitioner from the post of police constable by placing a great reliance upon the highly collusive and biased report of the Conducting Officer.

(iv) For issuance of a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to reinstate the petitioner in service with entire consequential benefit as if he was not dismissed from service.

(v) For issuance of a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to stayed the matter directing the court of this writ application.

(vi) For issuance of a writ, order or directions commanding the respondents for grant of any other relief or reliefs to which the petitioner may be deemed entitled by this Hon’ble Court.”

2. The petitioner was subjected to disciplinary proceedings on the allegation that petitioner had physical quarrel with one Mr. Ajay Singh on the alleged allegation that petitioner had borrowed friendly loan of Rs.2,000/- (Rupees Two Thousand) from him and it was not returned by the petitioner. On this issue, official respondent initiated parallel proceedings like disciplinary/criminal proceedings. In the criminal proceedings, petitioner has been acquitted on 24.02.2020 whereas in the disciplinary proceedings, he was punished with major penalty of dismissal from service on 06.04.2012. Thereafter, the petitioner has exhausted the remedy of appeal and revision which were against the petitioner. Thus, the petitioner has presented this petition.

3. Official respondent proceeded to frame article of charges on 25.11.2011. On 10.02.2012 and 27.02.2012 the inquiring officer held proceedings in respect of alleged charges. The petitioner remained absent in the inquiry, thus, it is an ex parte enquiry. On receipt of the inquiring officer’s report, the disciplinary authority issued a show-cause notice on 07.03.2012 along with the inquiring officer’s report. The petitioner has submitted his explanation. On receipt of such explanation, disciplinary authority proceeded to impose penalty of dismissal from service on 06.04.2012. Feeling aggrieved and dissatisfied with the order of dismissal, petitioner preferred appeal and he had suffered an order on 18.07.2012, still aggrieved by the order of appellate authority, petitioner preferred a revision petition and it was also rejected on 20.04.2013.

4. Learned counsel for the petitioner submitted that proceedings are ex parte. He has also submitted that presenting officer was not present before the inquiring officer at the time of inquiry held on 10.02.2012 and 27.02.2012. Thus, the inquiry p

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top