Nisha Kumari v. The State of Bihar
Case brief
What is this about?
The High Court allowed the writ petition, quashing orders dismissing a Constable from service and rejecting her appeal and memorial. The court held that the inquiry was vitiated because the presenting officer did not present the department's case, and the inquiry officer improperly acted as a prosecutor, thereby rendering the procedure unfair and legally unsustainable.
What did the court decide?
Quotes dated 03-10-2018, 20-11-2018, and communication of 30-06-2022 are quashed. Authority permitted to proceed from issuance of charges.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1110 of 2023
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Nisha Kumari, Daughter of Arvind Prasad Mandal, Resident of VillageAthagama, Post Office- Shankarpur, Police Station- Sabour, DistrictBhagalpur.
... ... Petitioner/s
Versus
- The State of Bihar, through Principal Secretary, Home (Police) Department, Government of Bihar, Patna.
- The Director General of Police, Bihar, Patna.
- The Deputy Inspector General of Police, Saran Range, Chapra.
- The Superintendent of Police, Saran, Chapra.
- The Central Selection Board (Constable Recruitment) Bihar, Patna through its Secretary.
- The Chairman, Central Selection Board (Constable Recruitment), Bihar, Patna.
Issues for consideration
3 issues framed by the court
Whether the impugned dismissal order is sustainable given the inquiry officer assumed the role of the presenting officer?
Whether the fatal procedural lapse under Rule 17(14) of the Bihar (CCA) Rules vitiates the dismissal and subsequent appellate orders?
Whether the inquiry officer's failure to have the department present its case renders the quasi-judicial inquiry unfair?
Parties & counsel
- petitioner
Nisha Kumari
- respondent
The State of Bihar
- respondent
Director General of Police, Bihar
- respondent
Deputy Inspector General of Police, Saran Range
- respondent
Superintendent of Police, Saran
- respondent
Case details
As recorded by the court registry
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