Back
HARISH KUMAR
Mukesh Kumar Singh Son of Late Raghubar Singh – Appellant
Versus
State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna – Respondent
JUDGMENT :
This Court has heard Mr. Raju Giri, learned Advocate for the petitioner and Mr. Md. Irshad, learned Advocate for the State.
2. The writ petitioner has prayed for issuance of writ in the nature of certiorari for quashing of the order dated 30.11.2018, passed by the Superintendent of Police, Nawada, as contained in Memo No. 3968 dated 05.12.2018, by which the petitioner has been dismissed from service. The petitioner further sought quashing of the order contained in Memo No. 499 dated 18.03.2019, whereby this appeal preferred by him against the order of dismissal also came to be rejected. The petitioner also preferred memorial before the Director General of Police, Bihar, Patna, which also did not find any favour and finally rejected vide order dated 11.11.2019 by the Director General of Police, Bihar, Patna. This order has also been put to challenge.
3. The brief facts of the case are that while the petitioner was posted as Reserve Guard (constable) in Nawada Town P.S., an FIR bearing Nagar P.S. Case No. 757 of 2018 was instituted against him under Section 37 (b)(c) of the Bihar Prohibition and Excise Act, 2016 along with other provisions of the Indian Penal Code.
4. Allegedl
The dismissal of a police constable was found unjustified due to lack of evidence and violation of natural justice principles, emphasizing the need for fair inquiry procedures.
Departmental enquiry quashed for violating rules by denying cross-examination opportunity, examining witnesses behind back with only signature proof, and failing to consider replies; remitted for fre....
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
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
