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BIBEK CHAUDHURI
Abhay Kumar Singh, Son of Ram Ayodhya Singh – Appellant
Versus
State of Bihar through the Additional Director General of Police, Law and Order (Head Quarter), Patna – Respondent
JUDGMENT :
Bibek Chaudhuri, J.
1. On or about 10 August 2016, there was a communal violence at Chapra. Sensing the situation grave, the administrative authority imposed Section 144 of the Cr.P.C. in the disturbed area, which was continuing for few days prior to 10th of August, 2016. In spite of promulgation of an order under Section 144 of the Cr.P.C., a mosque and some shops were damaged, though the S.H.O. Muffassil, Chapra had sufficient force under his command. After the incident, Superintendent of Police, Siwan made an initial inquiry and directed the petitioner, who was posted as the S.H.O., Mufassil, Chhapra Police Station, at the relevant point of time, to show cause as to why departmental proceeding would not be conducted against him. The petitioner duly filed his reply to the said show cause notice, refuting all the charges and clearly mentioning that on 6th of August, 2016, the members of Bajrang Dal and the Vishwa Hindu Parishad made violent protest and called Bandh in and around the township of Chapra. At the relevant point of time, a fair under the name and style of Shravani Mela was continuing in the city of Chapra. Police personnel and force, attached to both Mufassil
Disciplinary proceedings against a police officer are invalid if conducted by an authority lower than the appointing authority, violating Article 311 of the Constitution.
Termination of a government employee without evidence and proper authority violates Article 311 and principles of natural justice.
The Superintendent of Police is authorized to issue charge-sheets and initiate disciplinary proceedings against subordinate officers, and such proceedings must adhere to the principles of natural jus....
The dismissal of a police officer was quashed due to procedural irregularities in the inquiry process, emphasizing the necessity of compliance with established rules.
Disciplinary action against government employees must comply with statutory provisions, and jurisdictional authority must be respected; lack of proper procedure and reasoning renders proceedings void....
Charge memo in disciplinary proceedings must be approved by the disciplinary authority; lack thereof renders entire proceedings vitiated ab initio, warranting quashing without remand in peculiar circ....
The court emphasized the necessity of adhering to procedural safeguards in disciplinary proceedings, particularly the requirement to provide an opportunity for representation when the disciplinary au....
The Superintendent of Police can impose penalties on Sub-Inspectors, but failure to follow due process, including issuing a second show-cause notice, breaches natural justice and invalidates the disc....
The main legal point established in the judgment is that disciplinary proceedings must adhere to the provisions of the relevant disciplinary rules and acts, and the penalty imposed must be commensura....
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