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IN THE HIGH COURT OF JUDICATURE AT PATNA
Harish Kumar
Ranjan Kumar, Son of Late Pramod Kumar Sinha – Appellant
Versus
State of Bihar through Additional Chief Secretary, Department of Home – Respondent
JUDGMENT :
Harish Kumar, J.
Heard the parties.
2. The challenge in the present writ petition is made to an order dated 25.02.2020, as contained in Memo No. 2/M2- 70-06/2013 Home (Police)/1978, issued under the signature of Special Secretary, Government of Bihar, Department of Home (Police), whereby the petitioner has been inflicted with the punishment of withholding of three annual increments with cumulative effect. The petitioner further sought quashing of the order as contained in Memo No.2/Police-70-06/2013 Home (Police)/8509 dated 14.12.2020, whereby the review preferred against the order of punishment came to be rejected.
3. The petitioner was posted as Sub-Divisional Police Officer, Jamalpur, when an incident occurred in 2011 involving indiscriminate firing. Vide Letter No. 1992, dated 05.06.2013, the Inspector General (Headquarters), Bihar, Patna, requested the Home Department to initiate disciplinary proceedings against the petitioner for allegedly assisting the accused from one group, disobeying superior officers, and restraining subordinates from arresting the accused. A Memo of Charge dated 17.11.2014 (Annexure-P/12) was issued with three charges and a list of documents, but
Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
Procedural errors in disciplinary proceedings violated natural justice, requiring the quashing of penalties and remanding for fresh consideration.
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
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....
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