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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARVIND SINGH CHANDEL
Ashwini Kumar Son of Late Rajesh Kumar – Appellant
Versus
State of Bihar through the Director General of Police, Bihar, Patna – Respondent
JUDGMENT :
ARVIND SINGH CHANDEL, J.
This petition has been preferred by the petitioner challenging the order dated 12.03.2022 (Annexure P/14) whereby and where under the services of the petitioner have been dismissed. Also challenged the order dated 06.06.2023 (Annexure P/16) whereby the appeal preferred by the petitioner against his dismissal has been rejected. Further challenged the subsequent orders dated 18.07.2023 and 09.01.2024 (Annexures P/17 and P/18 respectively) whereby the authorities rejected the Memorial Appeal preferred by the petitioner.
2 Brief facts of the case are that the petitoner was selected for the post of Police Sub Inspector and joined his services. On 04.02.2021, he reported at Bihar Special Arms Police No 4, Dumraon for his basic training. After completion of training, he appeared in all the outdoor examination/test and was declared successful. Indoor examination was scheduled from 31.05.2021 to 14.06.2021. Allegedly, two days prior to the scheduled examination when CCTV camera was being installed, the petitioner as well as two other trainees, namely, Manish Prajapati and Skant Kumar Gupta tampered the camera and on that basis, all of them were debarred from
Dismissal of an employee must adhere to procedural rules; failure to examine material witnesses violates due process, resulting in reinstatement.
The dismissal of a police officer was quashed due to procedural irregularities in the inquiry process, emphasizing the necessity of compliance with established rules.
Violation of procedural rules in disciplinary proceedings leads to nullification of dismissal orders.
Dismissal of a civil servant without proper inquiry violates constitutional safeguards and is arbitrary; procedural requirements must be strictly followed.
Disciplinary action requires substantial evidence; dismissal based on mere familial ties without proof is unjust.
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