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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Navin Kumar Singh Son of Late Satyadeo Singh – Appellant
Versus
State of Bihar through Chief Secretary, Government of Bihar, Patna (Bihar) – Respondent
| Table of Content |
|---|
| 1. facts of truck seizure and proceedings history. (Para 1 , 2 , 3 , 4 , 5 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. charge memo lacks proper service and approval. (Para 6 , 13 , 14 , 15) |
| 3. dig competent under bihar police manual. (Para 16 , 17 , 18) |
| 4. review power under article 226 expansive. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 5. rule 16 cca mandates authority sanction. (Para 25 , 26 , 27 , 28 , 29 , 31 , 32 , 33) |
| 6. unapproved charge memo vitiates inquiry. (Para 34 , 35 , 36 , 37 , 38) |
| 7. proceedings quashed sans competent initiation. (Para 39 , 40 , 41) |
JUDGMENT :
Heard Mr. Mrigank Mauli, learned Senior Advocate along with Mr. Samir Kumar, learned counsel appearing on behalf of the petitioner Mr. P.K.Verma, learned AAG 3 along with Mr. Suman Kumar Jha, learned AC to AAG 3 for the State.
2. The present review application has been filed under Article 226 of the Constitution of India read with Section 114 of Code of Civil Procedure and Order XLVII Rule 1 of the Code of Civil Procedure, seeking review of order dated 14.11.2024 passed in CWJC No. 9015 of 2023 (Navin Kumar Singh vs. The State of Bihar & Ors.)
3. The brief facts of the case are that while the petitioner was posted as S.H.
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....
Disciplinary proceedings must be approved by the competent authority; failure to do so renders the proceedings void.
Disciplinary proceedings against government servants must be initiated with proper authorization from the competent authority, failing which the proceedings are rendered void.
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....
Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
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