Back
MOHIT KUMAR SHAH
Avinash Chandra son of Surendra Kumar Jha – Appellant
Versus
State of Bihar through the Director General of Police – Respondent
JUDGMENT :
Mohit Kumar Shah, J.
The present writ petition has been filed for quashing the order dated 07.10.2021, passed by the Inspector General of Police, Tirhut Range, Muzaffarpur, as communicated vide order dated 21.10.2021, issued by the Senior Superintendent of Police, Muzaffarpur whereby and whereunder the petitioner has been inflicted with the punishment of stoppage of increment of salary for next one year with non-cumulative effect. The petitioner has also prayed for quashing of the order dated 08.09.2022, passed by the Director General of Police, Bihar Patna whereby and whereunder the punishment inflicted upon the petitioner vide order dated 07.10.2021 has been revised, in purported exercise of power conferred under Rule 853A(a) of the Bihar Police Manual and the punishment of compulsory retirement has been inflicted upon the petitioner. The petitioner has also prayed for reinstatement in service with all consequential benefits.
2. Shorn of unnecessary details, it would suffice to state that the petitioner was placed under suspension, vide order dated 26.11.2020, on the allegation that he had failed to arrest a person, who was engaging in illicit trade of liquor, whereafter
Disciplinary authorities must provide clear, cogent reasons for their decisions, adhere to procedural fairness, and comply with statutory time limits when revising punishments.
Disciplinary authorities cannot impose both major and minor penalties simultaneously; violations of procedural propriety in inquiries can invalidate punitive actions.
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
