Back
PURNENDU SINGH
Mukesh Kumar Paswan – Appellant
Versus
State of Bihar – Respondent
Purnendu Singh, J.—Heard Mr. Anand Kumar Singh, learned counsel along with Mr. Ranjit Kumar Yadav and Mr. Ugresh Kumar, learned counsels appearing on behalf of the petitioner and Mr. Shailesh Kumar, learned AC to GP-5 for the State.
2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:—
(i) For quashing of order contained in Memo No.233 dated 13.04.2022 passed by Director General of Police, Bihar, Patna whereby and where under following punishment has been imposed to the petitioner.
(a) Petitioner was demoted on the basic pay scale of Police Sub-Inspector for five years.
(b) Petitioner shall not get anything extra what he has already got ten during suspension period.
(c) Petitioner shall not be posted as Officer-In-Charge or any responsible post for 10 years from the date of issuance of this order.
(ii) For quashing of order No.2576 of 2022 contained in Memo No.6069 dated 21.04.2022 issued by the Senior Superintendent of Police, Patna whereby and where under aforesaid all the three punishments have been imposed on the petitioner and his suspension has been revoked.
(iii) For quashing of Patna Distric
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 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 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.
Disciplinary proceedings against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
Disciplinary action must be based on sufficient evidence, and ambiguity in the applicability of disciplinary rules requires clarification from the State Government.
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
