IMPORTANT POINT
Public servants convicted of a criminal charge can be dismissed without a departmental inquiry under Article 311(2)(a) of the Constitution, and the principle of parity in punishment must consider the specific circumstances of each case.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer

1. The instant appeal preferred under Clause-10 of Letters Patent is directed against the order dated 07.02.2023 passed by the learned Single Judge of this Court in W.P.(S) No.3362 of 2013, whereby and whereunder, the order dated 30.03.2013 issued by the Principal Secretary, Home Department, Govt. of Jharkhand, by which, the appeal preferred by the petitioner against the order of dismissal dated 24.04.2004 passed by the Director General-cum-Inspector General of Police, Jharkhand has been rejected/dismissed. Further, prayer has been made for quashing the order passed by the Director General-cum-Inspector General of Police, Jharkhand, whereby and whereunder, the petitioner has been dismissed from service. Further, prayer has been made for a direction upon the respondents for reducing the penalty of dismissal, imposed upon the petitioner to the penalty of forfeiture of increments as has been done in case of similarly situated persons. Further, prayer has been made for a direction upon the respondents to pay the monetary benefits to the writ petitioner under the head of retiral benefits and fix pension, for which, the petitioner would have been legally entitled to get after his superannuation for treating the intervening period as period spent on service, have been refused to be interfered with by dismissing the writ petition.

Facts

2. The brief facts of the case, as per the pleading made in the memo of appeal, required to be enumerated, are as hereunder:-

3. It is the case of the writ petitioner that he was appointed as Sub-Inspector of Police in the year, 1976 and posted at Fulparash in Madhubani District in the State of Bihar.

4. Thereafter, he was promoted to the post of Inspector and he was posted as Group Officer, Special Branch, Bihar Sharif (Nalanda), Bihar and later on, he was transferred as Inspector, In-charge at Kotwali, Police Station, Bhagalpur and during this period, he was elected as President of Police Association.

5. While the petitioner was posted as Inspector-In-Charge, Kotwali Police Station, and was also President of Police Association, an incident with regard to one Jokhu Singh Sub-Inspector of Police, who was posted at Saharsha was summoned in the Court of learned ADJ First, Bhagalpur to give his evidence, but in spite of summon, he did not appear, then warrant of arrest was issued against him and thereafter, he was taken into custody by the learned 1stAdditional District & Sessions Judge, Bhagalpur and due to this reason the Police Personnel became annoyed and they had made slogan before the Court of learned 1st Additional District & Sessions Judge, Bhagalpur for release of Jokhu Singh and they had done the same incidence in the Court premises also.

6. The aforesaid incident was taken very seriously by the Court and a contempt proceeding was initiated against the petitioner and eight other police personnel and in that Contempt Proceeding, the petitioner along with others were convicted and petitioner was sentenced to undergo S.I. for three months, whereas the other police personnel were sentenced to undergo SI for two months vide judgment dated 10.02.1998 passed in CWJC No.10625 of 1997, which was heard along with contempt petition.

7. Against the judgment passed by the Hon’ble Patna High Court, the petitioner and all the police personnel, filed appeal before the Hon’ble Apex Court, but the Hon’ble Apex Court affirmed the order passed by the Hon’ble High Court and petitioner along with other Police Officers were directed to surrender before the court below. The petitioner surrendered before the Court of learned District Judge, Bhagalpur on 07.06.2004 and was taken behind the bar.

8. It is further the case of the petitioner that a show cause notice was issued to the petitioner by the Inspector General of Police, Special Branch, Jharkhand, Ranchi on 08.06.2004 as to why a disciplinary action be not taken against him. In view thereof, the petitioner filed his reply on