Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Shankar Kumar Jha @ Shankar Jha Son of Late Uday Nandan Jha – Appellant
Versus
State of Bihar through the Director General of Police – Respondent
JUDGMENT :
HARISH KUMAR, J.
1. All these three writ petitions filed by the petitioner are inextricably liked with each other, hence they are being heard together and disposed off by this common order.
2. The writ petition bearing CWJC No. 6524 of 2023 was filed seeking issuance of writ in the nature of mandamus, directing the concerned respondents to grant promotion to the petitioner in the rank of Deputy Superintendent of Police (hereinafter referred to as, “DSP”) from the rank of Police Inspector on the ground of his exoneration in the Departmental Proceeding No. 33 of 2016, with all consequential benefits with effect from the date when it was found due.
3. During the pendency of the writ petition, vide Memo No. 112 dated 12.02.2024, issued under the signature of Director General of Police, Bihar, Patna the order passed by the Disciplinary Authority-cum-Inspector General of Police, Tirhut Range, Muzaffarpur exonerating the petitioner in Disciplinary Proceeding No. 33 of 2016 has been reviewed, by exercising the power under Rule 853 A of the BIHAR POLICE MANUAL and further directed the Inspector General of Police, Tirhut Range, Muzaffarpur to re-conduct the departmental proceeding a
Promotion cannot be denied if no charge memo is pending against an employee; actions taken on procedural flaws may be considered arbitrary and illegal.
Charge memo in disciplinary proceedings must be approved by the disciplinary authority; lack thereof renders entire proceedings vitiated ab initio, warranting quashing without remand in peculiar circ....
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
Disciplinary proceedings against a public servant must cease if the charges are identical to those leading to an honourable acquittal in a criminal case, ensuring fairness in due process.
Termination of a government employee without evidence and proper authority violates Article 311 and principles of natural justice.
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
