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ANANDA SEN
Kunal Kishore Mandal son of Nundev Prasad Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. Petitioner has challenged the order dated 08.03.2015 as contained in memo No.883/Go, passed by the Superintendent of Police, Godda, whereby, on conclusion of the departmental proceeding, petitioner has been punished with stoppage of one increment for six months, which is equivalent to one black mark. It was further ordered that during the period of suspension, petitioner will not be paid any amount except the subsistence allowance. Further the petitioner has also challenged the appellate order dated 4th January, 2017 as contained in memo No.57/Go passed by the Deputy Inspector General of Police, Santhal Pargana Division, Dumka, whereby the appeal preferred by the petitioner against the order passed by the Disciplinary Authority has been dismissed.
3. Petitioner is a police constable. He was chargesheeted vide memo No.934 dated 27.06.2014, alleging therein that one Dula Munda, Sub Inspector of Police, had to prepare a report in respect of a non-FIR registered under Section 107 of the Code of Criminal Procedure on 31.05.2014, based on a complaint made by Pratima Devi. The said Dular Munda pre
The limited scope of interference by the High Court in departmental proceedings and the evaluation of the decision-making process in disciplinary proceedings.
The court emphasized the limited scope of judicial review in departmental proceedings, the principles of natural justice, and the requirement for proportionate punishment in disciplinary cases, espec....
The court emphasized the importance of maintaining discipline and the requirement to prove prejudice in cases of non-serving of enquiry report, affirming the authority's discretion in disciplinary pr....
The court emphasized the limited scope of judicial review in administrative actions and highlighted the principles of judicial review, emphasizing that it is an evaluation of the decision-making proc....
Judicial review in disciplinary proceedings is limited to assessing fairness and legality of the process, not the merits of the findings, particularly for minor punishments.
The main legal point established is that subsequent acquittal in a criminal case does not invalidate a completed departmental proceeding, and the court's jurisdiction under Article 226 in departmenta....
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 High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
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