Back
MOHIT KUMAR SHAH
Sudarshan Ram – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 31.8.2008, passed by the Superintendent of Police, Begusarai, whereby and whereunder the petitioner has been inflicted with the punishment of dismissal from service. The petitioner has also prayed for quashing the order dated 16.3.2014, passed by the Deputy Inspector General of Police, Munger Region, Munger, whereby and whereunder the appeal, preferred by the petitioner, has been rejected.
2. The brief facts of the case, according to the petitioner, are that the petitioner had joined on the post of constable with the Bihar Police in the year, 1980, at District-Saharsa, whereafter he had been discharging his duties to the satisfaction of all concerned. Nonetheless, a charge-sheet was served upon the petitioner dated 30.9.2007, stating therein that he was appointed as temporary Constable in the year, 1980, however, thereafter, he had absented himself from duty in an unauthorized manner without permission on 37 occasions, whereafter a departmental proceeding bearing Departmental Proceeding No. 91 of 2007 was initiated against the petitioner and the Enquiry Officer had then submitted the enquiry
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.
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.
Punishment of dismissal of service should be awarded for gravest act of misconduct.
Judicial review in disciplinary matters is limited; courts cannot reassess evidence or interfere unless findings are arbitrary or unsupported by evidence.
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.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
