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IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY
Anant Kumar Singh S/o Tarkeshwar Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner challenges dismissal due to indiscipline. (Para 1 , 2 , 6 , 10) |
| 2. procedural fairness and delays in process examined. (Para 3 , 4 , 11) |
| 3. differing standards of proof in criminal versus departmental proceedings discussed. (Para 17 , 18 , 20 , 21) |
| 4. court found no merit in the application. (Para 22) |
JUDGMENT :
PARTHA SARTHY, J.
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed the instant application challenging the order dated 10.6.2006 passed by the Senior Superintendent of Police, Patna dismissing the petitioner from service. Further challenge is to the order dated 5.12.2006 passed by the Deputy Inspector General of Police (D.I.G.), Patna rejecting the appeal preferred by the petitioner as also the order dated 27.5.2013 whereby the memorial was dismissed by the Director General of Police, Bihar.
3. It is the case of the petitioner that he was proceeded against by service of a charge-sheet on 16.5.2002 on the charge therein that inspite of directions given to him by various letters including dated 21.8.2001 and 27.8.2001 in connection with the appointment of the petitioner against Advertisement
The standards of proof in criminal and departmental proceedings differ, affecting the relevancy of acquittal.
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
Acquittal by benefit of doubt in criminal case does not constitute honourable acquittal and does not vitiate disciplinary dismissal for falsified date of birth, given differing proof standards.
The dismissal of a police officer based on departmental proceedings was unjustified as the charges were not proven, and acquittal in criminal proceedings must be considered.
The court emphasized that prior acquittals in criminal proceedings should substantially impact disciplinary actions arising from the same facts, deeming unjust excessive penalties like dismissal.
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