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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Kamlesh Dubey, S/o. Sri Babu Lal Dubey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal, under clause 10 of the Letters Patent, is directed against the judgment/order dated 03.11.2022 passed by the learned Single Judge of this Court in W.P. (S) No. 329 of 2017 whereby and whereunder the order of the punishment of dismissal of appellant from service on conclusion of departmental enquiry as also the order passed by the appellate authority, affirming the order passed by the original authority has been refused to be interfered with by dismissing the writ petition.
Facts of the Case
2. The brief facts of the case, as per the pleading made in the writ petition is required to be enumerated which reads as under:-
It is the case of the appellant that while he was working as Constable in Jharkhand Police and while he was posted at Maheshpur, Pakur, he was served a charge sheet contained in memo no. 856 dated 27.12.2005, alleging therein that on 28.11.2005 while he was posted in Armed Police Force at Maheshpur P.S., he along with another Police Constable was involved in abusing and assaulting locals while under influence of liquor and in protest 50-60 persons assembled and law and order situation was created.
3. It has further
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 ....
The court emphasized the limited scope of judicial interference in departmental enquiries and the principle that the High Court cannot act as a second court of first appeal.
The punishment imposed in a disciplinary proceeding should not shock the conscience of the court and should be proportionate to the proven charge.
The main legal point established is the limited scope of interference in departmental inquiries by the court, which can only be done in specific circumstances such as violation of principles of natur....
Judicial review in disciplinary matters is limited; courts cannot reassess evidence or interfere unless findings are arbitrary or unsupported by evidence.
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