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IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, PARTHA SARTHY
State of Bihar – Appellant
Versus
Md. Muttafique Ahmad S/o Md. Nabijan – Respondent
| Table of Content |
|---|
| 1. initiation of appeal against a disciplinary action. (Para 1) |
| 2. challenge to punishment and restoration ordered (Para 2 , 3 , 4 , 5) |
| 3. factual background of departmental proceeding (Para 6 , 7 , 8 , 9) |
| 4. allegations and departmental proceedings overview (Para 10 , 11 , 15 , 16) |
| 5. violation of due process in inquiry (Para 12 , 13 , 14 , 18) |
| 6. proper examination and rights during inquiries emphasized. (Para 17) |
| 7. justifications for respondent's actions (Para 19 , 20 , 21) |
| 8. judicial oversight in departmental proceedings (Para 22 , 23) |
| 9. nature of misconduct and court’s stance (Para 25 , 26 , 27) |
| 10. dismissal of the appeal with orders (Para 28 , 29) |
JUDGMENT :
ASHUTOSH KUMAR, ACJ.
1. Heard the learned Advocate General for the appellants and Mr. Abhinav Srivastava, learned Senior Advocate for the respondent.
2. The respondent, a Deputy Superintendent of Police, who was posted at Hilsa during the year 2019 was inflicted with a major punishment of withholding of three incremental benefits with cumulative effect and further withholding of promotion for three years.
3. He had challenged the aforenoted decision contained in Memo No. 6982 dated 06.10.2020 as also the order conta
Departmental proceedings against a police officer require adherence to procedural fairness; negligence or error in judgment does not equate to misconduct warranting major punishment.
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....
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 duty assigned to the officer in-charge of the concerned police station, as per Rule 81 of the Police Manual, requires more than just forwarding communications to the investigating officer. The co....
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