Back
BIBEK CHAUDHURI
Ratnesh Kumar, Son of Late Jagan Nath Raut – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Bibek Chaudhuri, J.)
1. The Petitioner was a Sub-Inspector of Bihar Police Service. He joined the service as Sub-Inspector of Police on 5th of September 1994. On the allegation that on 09.08.2007, when was posted at Pachpakari Outpost within Dhaka Police Station in the district of East Champaran, he was apprehended by the Vigilance Investigation Bureau on the allegation that he was taking bribe. Following such allegation, it was held by the Police Department that the purported act of the Petitioner was misconduct. As a result of which he was directed to face departmental proceeding following service of charge-sheet on 31st of August 2007.
2. Annexure - 2 is the charge-sheet issued by the Superintendent of Police, East Champaran, Motihari, which inter alia, states: -
Termination of a government employee without evidence and proper authority violates Article 311 and principles of natural justice.
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....
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 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....
Punishment of dismissal of service should be awarded for gravest act of misconduct.
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....
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
