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MOHIT KUMAR SHAH
Ashok Kumar Singh – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 07.12.2011, passed by the Superintendent of Police, Bhojpur at Ara, i.e. the respondent no.5, whereby & whereunder the petitioner has been dismissed from service, as also for quashing the appellate order dt. 05.9.2012, passed by the Deputy Inspector General of Police, Sahabad Region, Dehri-on-sone, i.e. the respondent no.4. The petitioner has also prayed for quashing of the order dated 04.11.2013, passed by the Director General of Police, Patna, i.e. the respondent no.3, whereby the memorial filed by the petitioner has been rejected.
2. The brief facts of the case, according to the petitioner, are that he was appointed on the post of Sepoy on 08.08.1990, and subsequently, a complaint dated 04.10.2010 was filed before the respondent no.5 by one Shankar Yadav, i.e. the private respondent no.7 herein, alleging that the petitioner had assaulted him as also he had opened fire from his weapon leading to the villagers creating a law and order problem. Thereafter, a departmental proceeding was initiated against the petitioner vide memo dated 24.01.2011 and a show-cause notice was issued to him on 06
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The main legal point established in the given judgment is the limited scope of judicial review in disciplinary inquiries and the principles of proportionality and the Wednesbury rule.
Judicial review in disciplinary matters is limited; courts cannot reassess evidence or interfere unless findings are arbitrary or unsupported by evidence.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
In departmental proceedings, the standard of proof is based on the preponderance of probabilities, and the court will not interfere with the disciplinary authority's findings unless there is a clear ....
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