Dismissed¶31

Dr. lalan Kumar Paswan v. The State of Bihar and Ors.

Patna HC13 Feb 2024CWJC/5124/2019

Case brief

AI extract

What is this about?

Minor penalty; no departmental proceeding required; Rule 19 Bihar Government Servant (Classification, Control and Appeal) Rules, 2005; denial of opportunity to defend; DGP Bihar Memo No. 568/379635/L-1 dated 18.07.2018; SP Madhubani district order no. 1174/2018; police disciplinary proceeding; writ petition dismissed; Patna High Court; Dr. Anshuman, J.; 13-02-2024.

What did the court decide?

The punishment/order passed against the petitioner is minor in nature, and there was no need even to conduct the departmental proceeding. ¶28

Dr. lalan Kumar Paswan Vs The State of Bihar and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5124 of 2019

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Dr. lalan Kumar Paswan Resident of Village - Naya Tola, Chandanpatti, Post Office- Sadar, Distt. Darbhanga.

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... ... Petitioner/s

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Versus

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The State of Bihar and Ors through the Director General of Police, Government of Bihar, Patna

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Director General of Police, Government of Bihar, Patna

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Inspector General of Police Darbhanga Range, Darbhanga.

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The Deputy Inspector Gneeral of Police, Darbhanga Range, Darbhanga.

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Superintendent of Police, Madhubani

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Additional Superintendent of Police, Madhubani

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Sub Divisional Police Officer, Sadar, Madhubani

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Sanjeet Kumar For the Respondent/s : Mr.Md.Neelam Seraj (Gp5)

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 13-02-2024 Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present writ petition has been filed for quashing of the order contained in Memo No. 568/379635/L-1 dated 18.07.2018, passed by the Director General of Police, Government of Bihar, Patna. Further for quashing of the Madhubani district order no. 1174/2018, which has been issued

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Patna High Court CWJC No.5124 of 2019(3) dt.13-02-2024 2/3

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by the Superintendent of police, Madhubani, in pursuance of the said order dated 18.07.2018.

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Counsel for the petitioner submits that though the punishment is minor, he has not been given opportunity to defend in the departmental proceeding. Counsel further submits that if the authorities have decided to initiate the departmental proceeding then they are bound to follow the Rule of procedure laid down under Bihar Government Servant (Classification, Control and Appeal) Rules, 2005.

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Counsel for the State on the other hand submits that the order of punishment is absolutely minor and under law, for the minor punishment, there is no need for continuation of the departmental proceeding whereas minor order may be passed without holding the departmental proceeding.

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In this regard, procedure for imposing minor penalties have been described under Rule 19 of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005.

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This Court, upon going through enquiry report as well as the order of the disciplinary authorities is of the firm view that the order passed is minor in nature and there is no need of even to conduct the departmental proceeding.

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Patna High Court CWJC No.5124 of 2019(3) dt.13-02-2024 3/3

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