CHAKRADHARI SHARAN SINGH
Vishwajit Kumar – Appellant
Versus
State of Bihar – Respondent
Chakradhari Sharan Singh, J.—The petitioner has challenged an order dated 12.06.2020 passed by the Director General-cum-Inspector General of Police, Bihar issued vide Memo No. 1064 dated 15.06.2020 whereby exercising revisional powers under Rule 853 A (a) of the Bihar Police Manual, he has imposed punishment of dismissal from service on the petitioner, who was at the relevant point of time, was posted in Gopalganj Town police station as a Constable.
2. An order passed on the same date dated 15.06.2020, in respect of one Ananjay Singh @ Ananjay Kumar Singh has been set aside by an order passed today in C.W.J.C. No. 7906 of 2020. This matter also relates to the occurrence, which had taken place on 16.08.2016 in Khajuria village under Gopalganj (Town Police station) in which 16 persons had died because of consumption of spurious liquor. Identical allegations were made against this petitioner in the charge memo dated 07.02.2017 with the same set of evidence, as was the case in the matter of Ananjay Kumar Singh (supra). In case of this petitioner also, the Enquiring Authority recorded in the enquiry report, the finding that the allegation against the petitioner stood proved. According to
Disciplinary action must be based on sufficient evidence, and ambiguity in the applicability of disciplinary rules requires clarification from the State Government.
Disciplinary authorities must provide clear, cogent reasons for their decisions, adhere to procedural fairness, and comply with statutory time limits when revising punishments.
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