PATNA HIGH COURT ISSUES JUDGEMENT ON MADAN KUMAR ROY V/S THE STATE OF BIHAR AND OTHER

PATNA, India, July 30 -- Patna High Court issued the following judgment on July 14:

Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed to quash the order dated 30.09.2009 passed by the Commandant, B.M.P.- 3, Bodh Gaya (Annexure-3), as well as the appellate order dated 13.09.2010 passed by the D.I.G. of Police, Military Police, Central Zone, Patna (Annexure-4), and for the grant of all consequential benefits.

3. Learned counsel for the petitioner submits that the petitioner was appointed as a Constable in B.M.P.-11, Jamui, on 19.10.1971. He was promoted to the post of Sub-Inspector of Police (Arms) in 2002. He further submits that while the petitioner was posted as a Sub-Inspector of Police in B.M.P.-3, Bodh Gaya, a charge memo was issued against him on 06.03.2009. It was alleged therein that the petitioner told the trainee Sub-Inspectors that an order had been received allowing them to go to their respective homes. Acting on his statement, the trainee Sub-Inspectors went home and could not attend the duty of maintenance of law and order. Counsel further submits that, vide order dated 10.06.2009, the enquiry report found the petitioner guilty, and on the basis of the said enquiry report, the Commandant / Disciplinary Authority imposed the punishment of withholding of increment for six months, which is equivalent to one black mark.

4. Learned counsel further submits that being aggrieved and dissatisfied with the order dated 30.09.2009 passed by the Commandant / Disciplinary Authority, the petitioner preferred an appeal before the D.I.G. of Police, Military Police, Central Zone, Patna, which was also rejected on 13.09.2010. Counsel further submits that according to Police Manual Rules 824 to 828, the punishment imposed, being equivalent to one black mark, amounts to a major punishment. He submits that for the imposition of a major punishment, issuance of a second show-cause notice after the enquiry report is mandatory. However, in the present case, there has been a complete failure to follow this procedure. In view of the above, the orders impugned are not in accordance with law and are fit to be set aside.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTU3NjkjMjAxMyMxI04=-xdR2fNUiWBM=

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