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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN
Mahesh Kumar S/o Mahendra Prasad Sah – Appellant
Versus
State of Bihar through the Chief Secretary, Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. writ petition challenged disciplinary action and findings. (Para 2 , 3 , 4) |
| 2. parties' arguments on authority and procedural violations. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court's analysis on competency and procedural fairness. (Para 11 , 12 , 13 , 14 , 15) |
| 4. court's final judgment and procedural directions. (Para 17 , 18 , 19 , 20) |
JUDGMENT :
2. The present writ petition has been filed for quashing Memo No. 221/Ra.Ka., dated 21.01.2014, issued by the Superintendent of Police, Katihar, whereby the petitioner, who was then working as a Sub-Inspector of Police, was inflicted with the punishment of one black mark equivalent to forfeiture of six months’ increment (Annexure-3 to the writ petition). The petitioner has also prayed for quashing Memo No. 1201/Sha.Pra., dated 24.09.2021, issued by the Inspector General of Police, Purnea Range, Purnea, by which the appeal preferred by the petitioner was rejected (Annexure-6 to the writ petition). Further prayer has been made for grant of all consequential benefits and for passing any other order or orders which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.
4. Learned counsel further sub
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....
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 is authorized to issue charge-sheets and initiate disciplinary proceedings against subordinate officers, and such proceedings must adhere to the principles of natural jus....
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....
The central legal point established in the judgment is that the initiation of disciplinary proceedings by an authority not competent to do so renders the entire proceeding illegal.
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