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IN THE HIGH COURT OF JUDICATURE AT PATNA
Harish Kumar
Satyendra Kumar Gupta, son of Sri Arun Kumar Gupta – Appellant
Versus
State of Bihar through the Director General of Police – Respondent
JUDGMENT :
Harish Kumar, J.
The petitioner is represented through Mr. Vinay Ranjan, learned Advocate and the State respondents through Mr. P. K. Verma, learned Senior Advocate-cum-Additional Advocate General No.-3.
2. The petitioner is aggrieved with the order as contained in Memo No. 1108 dated 08.12.2020, issued under the signature of Inspector General of Police, Purnea Range, Purnea, whereby the petitioner has been inflicted with the punishment of dismissal from service. The challenge has also been made to the order, as contained in letter no. 106 dated 02.03.2021, by which the Departmental Appeal preferred by the petitioner came to be rejected; further, the order, as contained in letter no. 6101 dated 23.06.2022, issued under the signature of Under Secretary to the Government of Bihar, whereby the Memorial Appeal against the appellate order also came to be rejected.
3. The facts in brief, as culled out from the materials available on record, are incorporated hereinunder:
(i) The petitioner was duly inducted in Bihar Police Service as Sub-Inspector of Police in the year 2009. While he was posted as S.H.O. Baunsi police station, one Mukesh Mukhiya was brought in the police station in
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....
Termination of a government employee without evidence and proper authority violates Article 311 and principles of natural justice.
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 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 is authorized to issue charge-sheets and initiate disciplinary proceedings against subordinate officers, and such proceedings must adhere to the principles of natural jus....
Punishment of dismissal of service should be awarded for gravest act of misconduct.
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....
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
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