Ashok Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Ashok Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed: enquiry report dated 29.03.2019, order no. 1019/2019 dated 08.05.2019, Order No. 299/2019 vide Memo No. 1706 dated 01.08.2019 and departmental proceeding no. 03/2019 set aside; department permitted to initiate the proceeding afresh before the Inquiry Officer, to be concluded within 90 days from production of the order. Reinstatement with consequential and monetary benefits (sought by the petitioner) was not granted.

Issue for consideration

Whether the petitioner was afforded a proper opportunity to defend his case in the departmental proceeding, given that the charge-memo was served only on 28.03.2019 and the inquiry report was prepared on 29.03.2019. +1 more

Court's answer

Providing only one day to defend the departmental proceeding, and not providing the charge-memo earlier, indicates that proper opportunity was not granted to the petitioner to defend his case.

Ratio / Principle

The inquiry report dated 29.03.2019 passed by the Assistant Superintendent of Police-cum-Inquiry Officer, order no. 1019/2019 dated 08.05.2019 passed by the Superintendent of Police, Samastipur, Order No. 299/2019 vide Memo No. 1706 dated 01.08.2019, and departmental proceeding no. 03/2019 are set aside.

Key takeaways

The department is at liberty to initiate the proceeding afresh before the Inquiry Officer, and it shall be concluded within 90 days from the date of production of this order.ratio¶25

Detailed headnote1 paragraphs

Patna High Court, CWJC No. 10873 of 2020 (oral order of Dr. Anshuman, J, dated 23-02-2024): Petitioner Ashok Kumar Singh sought quashing of departmental proceeding no. 03/2019, the enquiry report dated 29.03.2019 of the ASP-cum-Inquiry Officer, order no. 1019/2019 dated 08.05.2019 of the SP, Samastipur, and order no. 299/2019 (memo no. 1706, dated 01.08.2019), along with reinstatement with consequential and monetary benefits. The disciplinary proceeding had been initiated vide memo no. 710 dated 13.03.2019, but the charge-memo was served on the petitioner only on 28.03.2019, the inquiry report was prepared on 29.03.2019, and the final order issued on 08.05.2019. Holding that providing only a single day to defend the proceeding, without earlier service of the charge-memo, showed that proper opportunity to defend his case had not been granted, the Court set aside the enquiry report, both orders and the entire proceeding, allowed the writ petition, and directed that the department may initiate the proceeding afresh before the Inquiry Officer, to be concluded within 90 days from production of the order. Reinstatement was not granted.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10873 of 2020

======================================================

Ashok Kumar Singh Son of Late Harikant Singh Resident of Village- Farhara, P.S.- Krishnagarh, District- Bhojpur, At present residing at Bahadurpur Houshing Colony, M.I.G. Sector-07, Block-06, Room No. 16, P.S.Agamkuan, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar Through the Home Secretary, Bihar, Patna.

The Director General- Cum- Inspector General of Police Bihar, Patna.

The Deputy Inspector General of Police Darbhanga Range, Darbhanga.

The Senior Superintendent of Police Patna.

The Superintendent of Police Samastipur.

The Assistant Superintendent of Police- cum- Enquiry Officer Incharge, Hind- Branch, Police Office, Samastipur.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Upendra Mishra For the Respondent/s : M.N.H. Khan SC-1 Mrs. Babita Kumari, AC to SC-1 ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

7 23-02-2024

Heard learned counsel for the petitioner and counsel

for the State.

The present writ petition has been filed for quashing of the enquiry report dated 29.03.2019 passed by the Assistant Superintendent of Police-cum-Inquiry Officer and for quashing of the order no. 1019/2019 dated 08.05.2019 passed by the Superintendent of Police, Samastipur and further for quashing of the order no. 299/2019 vide memo no. 1706 dated 01.08.2019 and for quashing the departmental proceeding no. 03/2019 from which proceeding has been initiated against the

Patna High Court CWJC No.10873 of 2020(7) dt.23-02-2024 2/3

petitioner and to reinstate the petitioner is service with all consequential and monetary benefits.

Counsel for the petitioner submits that the disciplinary proceeding has been initiated vide memo no. 710 dated 13.03.2019 but the said letter was served to him only on 28.03.2019 and final order has been passed on 08.05.2019. Counsel submits that from the charge memo as well as inquiry report which has been prepared on 29.03.2019 and the chargememo which he has received on 28.03.2019, it transpires that only a single day was provided to the petitioner to defend his case.

Providing one day to defend the departmental proceeding and not earlier providing the charge-memo indicates that proper opportunity has not been granted to the petitioner to defend his case and entire proceeding has been continued just providing one day to the petitioner to defend.

Accordingly, inquiry report dated 29.03.2019 passed by the Assistant Superintendent of Police-cum-Inquiry Officer and order no. 1019/2019 dated 08.05.2019 passed by the Superintendent of Police, Samastipur and further Order No. 299/2019 vide Memo No. 1706 dated 01.08.2019 and departmental proceeding no. 03/2019 is hereby set aside.

Patna High Court CWJC No.10873 of 2020(7) dt.23-02-2024 3/3

Department is at liberty to initiate the proceeding

before the inquiry Officer afresh and all shall be concluded

within 90 days from the date of production of this order.

With the aforesaid direction, this writ petition stands allowed.

(Dr. Anshuman, J)

Sunnykr/-

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