IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Bhuvaneshwar Bedia @ Bhuneshwar Bedia – Appellant
Versus
The State of Jharkhand through Additional Chief Secretary – Respondent
W.P. (S) No. 3782 of 2018
Decided on : 22-09-2022
Indian Penal Code, 1860 – Section 341, 323, 504, 354 and 354(B) – Constitution of India, 1949 – Article 226 – Police Manual – Rule 853 -- Power of High Court to issue certain writs – Punishment for voluntarily causing grievous hurt – Case of petitioner lies in a narrow compass – Petitioner was initially appointed as a constable district petitioner was promoted and appointed as an Assistant Sub Inspector of Police (ASI) at Dhanbad and as Police became appointing cum disciplinary authority of petitioner – Held, Court is not in agreement with said contention of learned counsel for petitioner gross procedural illegalities by high-ranking officers in departmental proceedings – Court thinks it appropriate to remit matter back to Appellate Authority to pass an appropriate order on quantum of punishment other than dismissal from service petitioner has served Department for long years and he was at verge of retirement issuance of impugned order of dismissal – Writ petition stands disposed of.
JUDGMENT :
The petitioner has approached this Court with the following prayers:-
II. To quash and set aside the order of Deputy Inspector General of Police, Santhal Parganas Range, Dumka contained in Memo No. 281/go dated 25.01.2017, whereby the petitioner has been awarded the punishment of demotion to the rank of Constable for 3 years.
III. To quash the entire enquiry report submitted by the Inspector of Police, Sadar Circle, Deoghar-cum-Conducting Officer dated 11.06.2016 in the Departmental Proceeding No. 11/2016 conducted against the petitioner.
IV. To quash and set aside the entire departmental proceeding bearing No. 11/16 initiated under the orders of Superintendent of Police, Deoghar as contained in Memo No. 781/R.Ka. dated 18.03.2016.
V. To quash the Memo of charges as contained in Memo No. 1241/R.KA. dated 05.05.2016 issued by the Superintendent of Police, Deoghar.
VI. To quash the entire departmental proceeding conducted by the Inspector of Police, Sadar, Deoghar.
VII. To grant all the consequential financial and administrative benefits including consideration for promotion to the rank of Inspector of Police since the juniors to the petitioner have already been promoted.
2. The case of the petitioner lies in a narrow compass. The petitioner was initially appointed as a constable on 31.10.1977 in the district- Giridih. In July 1989, the petitioner was promoted and appointed as an Assistant Sub Inspector of Police (ASI) at Dhanbad and as such, the D.I.G. of Police became the appointing cum disciplinary authority of the petitioner. In the year, 2009, he was transferred and posted as ASI in the District of Dhanbad. On 15.03.2016, an FIR was registered against the petitioner U/s 341, 323, 504, 354 and 354(B) of IPC by one Laxmi Hansda on the allegation of physical assault. Pursuant to the same, the petitioner was asked for explanation vide Memo dated 18.03.2016, mentioning therein as to why a departmental proceeding be not initiated against him on the basis of charges mentioned in the said Memo. However, on 21.03.2016, the Informant-Laxmi Hansda sworn an Affidavit before the Notary Public, Deoghar that no misconduct has been done against her and she had filed a false case against the petitioner. Later on, the petitioner submitted his reply vide order reply dated 06.04.2016, wherein he drew the attention of the said affidavit sworn by Laxmi Hansda-Informant to the Superintendent of Police, Deoghar, but the said reply of the petitioner was not found satisfactory and departmental proceeding was initiated against him vide order dated 15.04.2016 and accordingly, Conducting Officer was appointed on 05.05.2016, whereas no presenting officer was appointed. On 11.06.2016, the Conducting Officer submitted his enquiry report, wherein the petitioner was held guilty of the charges of indiscipline, dereliction of duty and loose of character but the said enquiry report was not furnished to the petitioner at that point of time. It is further the case of the petitioner that vide letter dated 19.12.2016, the Superintendent of Police Deoghar furnished the petitioner a copy of the enquiry report as well as recommendation sent by her to the DIG, Santhal Pargana Range, Dumka with regard to the punishment proposed to be awarded against the petitioner and as such, the petitioner was asked to furnish his last explanation with regard to the charges levelled against him. Pursuant to the same, the petitioner submitted his explanation to the Superintendent of Police, Deoghar on 05.01.2017, wherein he drew the attention of the S.P.,
Kuldeep Singh v. Commr. of Police [(1999) 2 SCC 10 : 1999 SCC (L&S) 429]
Moni Shankar v. Union of India [(2008) 3 SCC 484 : (2008) 1 SCC (L&S) 819]
Managing Director, ECIL Hyderabad & Ors. Vs. B. Karunkar & Ors.
Narinder Mohan Arya v. United India Insurance Co. Ltd. [(2006) 4 SCC 713 : 2006 SCC (L&S) 840]
P.V. Srinivasa Sastry v. CAG [(1993) 1 SCC 419 : 1993 SCC (L&S) 206 : (1993) 23 ATC 645]
Punjab National Bank & ors. Vs. Kunj Bihari Mishra
Raj Kumar Mehrotra Vs. State of Bihar & Ors.
Roop Singh Negi Vs. Punjab National bank & Ors.
State of U.P. & ors. Vs. Saroj Kumar Sinha
Union of India & Ors. Vs. Bishambhar Das Dogra
Union of India Vs. B.V. Gopinath & Ors.
Union of India v. H.C. Goel [AIR 1964 SC 364 : (1964) 4 SCR 718]
The main legal point established in the judgment is the need for following prescribed procedures and exercising discretion within the bounds of the law in disciplinary proceedings, especially in case....
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
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