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2024 Supreme(Online)(CAT) 12364
CENTRAL ADMINISTRATIVE TRIBUNAL
Shri Justice Ranjit More, Chairman, Shri Sanjeeva Kumar, Member (A)
Shri Amit Lodha – Appellant
Versus
Union of India – Respondent
Original Application No. 973/2023
For the Appellants/Petitioners: Shri S. Sunil
For the Respondents: Shri Hanu Bhaskar, Shri Azmal Hayat Ahmandullah
The court affirmed that the charges against the applicant did not constitute misconduct, emphasizing adherence to procedural mandates and distinguishing errors of judgment from misconduct.
Headnote:(A) Disciplinary Proceedings - Authority must follow procedures mandated by DOP&T OM dated 9th May 1995. Charges against the applicant found to not constitute 'misconduct'. The court ruled that the decisions made by the applicant were within his powers and did not reflect corrupt motives. (Paras 10-21)
(B) Misconduct - The court found no indication of misconduct or failure to uphold professional standards. Charges lacked substantiation of personal gain or bias. Administrative decisions reviewed must not be construed as misconduct based on mere errors of judgment. (Paras 12-17)
Facts of the case:
The applicant, an IPS officer, faced disciplinary proceedings that were contested as unjust, with claims of administrative errors prioritized over accountability. (Paras 1-4)
Findings of Court:
The court quashed the disciplinary proceedings, ruling that they were based on unsubstantiated allegations and did not reflect any misconduct. (Paras 21)
Issues: The core issue was whether the charges amounted to misconduct justifying disciplinary action against the applicant. (Paras 10)
Ratio Decidendi: The applicant’s actions, while subject to review, did not constitute misconduct as defined by established legal standards. Court emphasized parameters distinguishing errors of judgment from misconduct. (Paras 12-17)
Result: The Original Application is allowed. Promotion to be granted retrospectively if found fit.
| Table of Content |
|---|
| 1. challenge to the disciplinary proceedings initiated against the applicant. (Para 1 , 2 , 4) |
| 2. determination of misconduct in disciplinary charges. (Para 10 , 11 , 12) |
| 3. evaluation of administrative decisions versus misconduct. (Para 13 , 14 , 15 , 17) |
| 4. final ruling quashing disciplinary proceedings and allowing promotion. (Para 21) |
ORDER
Shri Justice Ranjit More:
By this Original Application (OA), the applicant has sought for quashing the disciplinary proceedings initiated against him vide Memorandum No 6932 dated 12.07.2022, issued on 13.07.2022, by the Home Department, Government of Bihar, Patna under the signature of Deputy Secretary, Department of Home, Bihar, Patna. A further relief in the OA is sought for quashing the Memorandum dated 12.07.2022 on the ground that the same has been issued with an ill motive to deprive the Applicant from being promoted to the post of Additional Director General of Police (ADGP), for which he was due to be considered in the DPC scheduled to meet shortly. The Applicant has prayed for other relief/reliefs to which he is entitled to in facts and circumstances of the case.
2. The facts of the case in brief are that the Applicant is a 1998 batch IPS Officer. The Applicant in the OA has also referred to the achievements earned during his service career. He has submitted that he was No. 1 in his batch in the Bihar cadre and one of the youngest officers of his batch. He was also one of few officers in his batch whose name was included in very first list by the Central Government after rigorous scrutiny of integrity, conduct and professionalism for being empanelled as Inspector General of Police. He was also awarded Police medal for gallantry, President’s medal for meritorious service and Utkrisht Seva Medal. He is the most decorated officer of his batch. He was also awarded DGP’s Commendation and numerous awards on several occasions by the Respondent (State of Bihar). The Applicant had served as DIG, BSF, Jaisalmer on 26.11.2013 and, later, IG, BSF, Rajasthan on 19.06.2019. The Applicant was posted as Inspector General of Police, Gaya from 14.01.2021 to 01.02.2022. The applicant is presently posted as Inspector General of Police, State Crime Record Bureau, Bihar, Patna.
3. While posted as Inspector General of Police, State Crime Record Bureau, Bihar, Patna, Disciplinary proceedings came to the issued against the Applicant vide Memorandum No. 6932 dated 12.07.2022 (supra). The administrative and quasi--judicial decisions taken by the Applicant during his tenure as Inspector General of Police, Gaya forms the subject matter of the Disciplinary Proceedings. The Memorandum No 6932 dated 12.07.2022, along with Articles of Charges and Statement of Imputation of Misbehavior and Misconduct are issued in Hindi language. The applicant has placed on record the English translation of the Hindi documents.
4. The Memorandum No. 6932 dated 12.07.2022 (supra) contains following three charges:-
Article of Charge 1: The Applicant while being posted as Inspector General of Police, Magadh Gaya, on the instructions of Crime Investigation Department (CID), reviewed a case bearing No. 197/2021 registered at Magadh Medical Police Station, Gaya. In the course of review, the Applicant suspended three officers (Police Sub Inspector (PSI) Abujar Ansari, PSI Ravindra Kumar Sharma and P.ASI Surendra Kumar) who had supported the facts mentioned in the FIR and no action was taken against the other two police constables Santan Kumar and Ranjan Kumar who did not support the facts mentioned in the FIR. The Applicant in the course of review did not visit the site of the incident and did not record the statement of members of the raiding team in writing. The decision of the Applicant to suspend only three police officers and not taking any action against other two police constables, shows a biased attitude. The oral statements given by the two police constables during the course of review had benefited the accused.
Articl
