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2024 Supreme(Pat) 892

IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH, J.
CWJC No.8071 of 2023
(29.10.2024)
Mukesh Kumar Paswan ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioner: M/s Anand Kumar Singh, Ranjit Kumar Yadav, Ugresh Kumar.
For the State : Mr. Shailesh Kumar, AC to GP-5.

Headnote:

Service Law – Departmental Proceeding – Petitioner, posted as Inspector of Police, proceeded departmentally as the godown from where the illicit liquor was recovered, was only at a distance of 500 meters from the police station and within the jurisdiction of petitioner's police station – Charge memo framed has been framed on the direction of the Director General of Police, Bihar, vide Letter No. 142 dated 1.2.2001, directing the SSP, Patna referring his direction contained in Letter No. 63 (01 implementation) 2019-20-1296/Excise Prohibition dated 24.11.2020 that in case of recovery of illicit liquor from any police station's territorial jurisdiction, the concerned S.H.O. would be held guilty and strict action is required against him – Following the condition contained in Letter No. 63 dated 24.11.2020, the D.G.P., had suspended the petitioner resulting into passing of penalty order by the Disciplinary Authority – Post decisional hearing is one with close mind and it is a fact that it is detrimental in nature and it would be a formality in case it is done with a prejudiced mind with pre-supposed decision of awarding the punishment and hence the post decisional decision hearing would not be as effective – Furthermore, the basic prospect of natural justice requires pre decisional hearing and not post decisional hearing and the law granting post decisional hearing has been well settled by the Apex Court by holding that if the authorities have taken decision to take action before initiation of departmental proceeding, granting post decisional hearing will only be held to be an empty formality calling for violation of principle of natural justice – Suspension order, charge memo and the penalty order and the subsequent orders, if any, set aside and quashed – Disciplinary Authority given liberty to proceed afresh. (Paras 18, 22, 28 & 29)

Ajay Kumar Vs. State of Bihar, 2023 (4) BLJ 216 : C.W.J.C. No. 737/2023; Municipal Council, Neemuch Vs. Mahadeo Real Estate, (2019) 10 SCC 738; H.L. Trehan Vs. Union of India, AIR 1989 SC 568; Union of India Vs. P. Thayangarajan, (1999) SCC 733; Man Singh Vs. State of Haryana, (2008) 12 SCC 331; RajendraYadav Vs. State of M.P., (2013) 3 SCC 73; State of Punjab Vs. Davinder Pal Singh Bhullar, (2011) 14 SCC 770; Swadeshi Cotton Mills Co. Ltd. Vs. Union of India, (1981) 1 SCC 664; State of Tamil Nadu Vs. Pramod Kumar, IPS, 2018 (17) SCC 677 – Relied upon.

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 District order No.2610 of 2022 dated 23.04.2022 issued by Senior Superintendent of Police, Patna by which petitioner was demoted to the basic pay scale of Police Sub Inspector of Rs.35,400/- for five years.

(iv) For direction to the respondent authorities to restore the seniority of the petitioner as Inspector of Police as he was holding the said post at the time of initiation of departmental proceeding.

(v) For direction to the respondent authorities to restore the pay scale of petitioner of Inspector of Police at pay scale of Rs.50,500/- and also give other consequential benefit for which petitioner is entitled to before initiation of departmental proceeding.

(vi) For any other relief/reliefs to which the petitioner may be found entitled to.

3. The brief facts of the case are that while the petitioner was posted on the post of Inspector of Police at Bypass Police Station, Patna, a raid was conducted by the Excise Department in the area falling under the jurisdiction of the petitioner’s police station. The petitioner was present during the course of raid leading to recovery of illicit foreign liquor amounting to rupees four lac. The petitioner lodged FIR against accused persons and prepared seizure list. It is alleged that the participation of the petitioner in the sale of illicit liquor along with one chaukidaar, namely, Lalu Paswan, cannot be denied as the godown, in which raid was conducted, is only 500 meters from the police station, which is in violation of the direction contained in Letter No. 63 dated 24.11.2020. The petitioner was suspended by the Director General of Police, Bihar vide Letter No. 142 dated 01.02.2021 for the said reason. A memo of charge contained in Memo No. 1723 dated 06.02.2021 was served to the petitioner. Thereafter, Inspector General of Police, Central Range, Patna vide letter contained in Memo no.41 dated 09.02.2021, issued show cause as to why the petitioner be not held guilty for being negligent in implementation of Excise Prohibition Law which is in violation of Rule-3(1) of the Government Official Conduct Rule, 1976, pursuant to which, the petitioner submitted his detailed show cause reply on 19.03.2021 denying all the allegation. The Inquiry Officer after holding inquiry recommended for imposition of major penalty of dismissal of the petitioner. Thereafter, the Disciplinary Authority held the petitioner guilty of the charges and passed Penalty Order contained in Memo No. 233 dated 13.04.2022. Aggrieved by the penalty order, the petitioner has preferred the present writ petition.

SUBMISSION ON BEHALF OF THE PETITIONER

4. Learned counsel appearing on behalf of the petitioner, at the outset, submitted that the suspension order no. 21/2021-142 issued by the Director General of Police on 01.02.2021 addressed to the Senior Superint




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