IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Navneet Kumar, JJ.
Mrityunjay Kumar - Appellant
Versus
State of Jharkhand and ors. – Respondents
L.P.A. No.182 of 2022
Decided On : 23-08-2023
Indian Penal Code, 1860 – Section 392, 307 – Arms Act, 1959 – Section 27 – Attempt to murder – Writ petition – Departmental proceeding initiated – Ground of aforesaid criminal case – Held, It is evident from judgments referred hereinabove that law has been well settled giving guidelines to exercise power of judicial review to High Court and this Court on consideration of factual aspect, as has been discussed hereinabove, is of considered view that writ petitioner has failed to make out a ground for exercise power of judicial review of administrative decision of disciplinary authority – Court on consideration of fact in entirety and coming to order passed by learned Single Judge, are of view that if learned Single Judge has refused to interfere with impugned orders passed by authorities, which according to our considered view, suffers from no error – Appeal dismissed.
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 10.02.2022 passed by the learned Single Judge of this Court in W.P.(S) No.7135 of 2013, whereby and whereunder, the order of dismissal dated 05.06.2013 passed by the disciplinary authority, the order dated 02.08.2013 passed by the appellate authority, the order dated 23.09.2015 passed by the revisional authority and the order dated 20.06.2018 passed by the Director General-cum-Inspector General of Police, Jharkhand, Ranchi, has been declined to be interfere with.
2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder :-
3. It is the case of the writ petitioner that when the appellant was deputed as Constable in Pundag O.P. Reserve Guard, Ranchi, he was put under suspension and a charge memo was served vide memo no.2640 dated 07.05.2012, wherein, it was alleged that on 15.04.2012, the appellant left the Guard and went to Chanho without permission and when returning, he asked for lift from a motorcycle and after travelling some distance he took away the motorcycle from the owner and parked the motorcycle within the campus of Pundag O.P. In this regard, the owner of the motorcycle lodged an FIR being Chanho P.S. Case No.40 of 2012 dated 15.04.2012 under Section 392 of the IPC. During investigation, the officer In-charge, Chanho came to Pundag O.P. He found the motorcycle in the campus of Pundag O.P. and as he was inquiring, the writ petitioner came out of his barrack and fires four rounds of bullets from his allotted Govt. rifle and only after intervention of other police constables, the arm was taken away from him. Thereafter, on written complaint of Officer In-charge, Chanho Sri Rajiv Ranjan Lal, an another FIR was lodges being Jagannathpur (Pundag) P.S. Case No.103 of 2012 dated 16.04.2012 under Section 307 of the IPC and Section 27 of the Arms Act. The writ petitioner was asked to file show cause within one month.
4. It is evident from the factual aspect as referred hereinabove based upon the pleading that the writ petitioner while discharging his duty as Constable, was subjected to departmental proceeding initiated vide memo no.2640 dated 07.05.2012.
5. The aforesaid proceeding was initiated on the basis of the charge levelled against him as per the imputation of charge referred in the memorandum of charge, for ready reference, the said memorandum of charge is being referred as under:-
In departmental proceedings, the standard of proof is based on the preponderance of probabilities, and the court will not interfere with the disciplinary authority's findings unless there is a clear ....
(1) Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the ....
The duty assigned to the officer in-charge of the concerned police station, as per Rule 81 of the Police Manual, requires more than just forwarding communications to the investigating officer. The co....
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
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 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....
In disciplinary proceedings, the principles of natural justice require that the person facing the charges should be given a fair opportunity to defend himself, including the right to cross-examine wi....
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