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MOHIT KUMAR SHAH
Ramadhar Singh – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 30.09.2012, passed by the Superintendent of Police, Bhojpur at Ara i.e. the respondent no. 4, whereby and whereunder the petitioner has been inflicted with the punishment of stoppage of increment for 06 months and further, it has been directed that salary for 123 days i.e. for the period 01.07.2011 to 31.10.2011, shall not be paid to the petitioner and instead, the same shall be adjusted as extraordinary leave. The petitioner has also prayed for quashing of the appellate order dated 17.08.2013, passed by the Deputy Inspector General, Shahabad Range, Dehri-On-Sone i.e. the respondent no. 3, by which the appeal filed by the petitioner has been rejected.
2. The brief facts of the case, according to the petitioner, are that while he was working as Constable in the District Police Force, the Superintendent of Police had issued order vide Memo dated 08.06.2011, by which the petitioner was transferred from District Police Force, Bhojpur at Ara to Rail District- Patna. It is the case of the petitioner that though the said transfer order dated 08.06.2011 was not communicated to the petitioner, howeve
Disciplinary authorities must provide clear reasoning for departing from inquiry reports and allow the accused an opportunity to respond, ensuring fairness and compliance with natural justice princip....
Non-supply of enquiry report before penalty and non-communication violate natural justice, vitiating disciplinary action; matter remitted for fresh compliance.
The court emphasized that a major punishment cannot be imposed without a proper inquiry, reinforcing principles of natural justice and confirming the necessity of remanding such cases for procedural ....
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....
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
Penalties not specified in service rules cannot be imposed, and employees must be given a hearing when disciplinary authorities disagree with inquiry findings.
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