PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

1. The Petitioner has filed an application for review of the order, dated 13th of August, 2024, passed in C.W.J.C. No. 8054 of 2021, by filing the instant application for review on the grounds, stating, inter alia, that this Court while disposing of C.W.J.C. No. 8054 of 2021, dismissed the writ application on wrong assumption of facts and law involved therein, especially on two grounds that the regular departmental proceeding has been conducted before issuance of punishment order, dated 11th of January, 2014 and secondly that the order of acquittal in criminal case passed in favour of the Petitioner did not effect the departmental proceeding as in departmental proceeding, the authority is under obligation to decide the misconduct of the charged officer on preponderance of probability, while in criminal trial probity of charge is dependent upon the principle of proof beyond any shadow of doubt.

2. It is stated by the Petitioner that Jamui P. S. Case No. 154 of 2013 was instituted on the basis of a complaint submitted by the then Jailor, namely, Arvind Kumar Mishra, stating, inter alia, that an under-trial prisoner, namely, Munna Singh has been brutally assaulted by the Station House Officer, Jamui; Superintendent of Police and his Bodyguard and the Station House Officer, Gidhaur Police Station (Petitioner herein) and as a result of such assault the said person succumbed to his injury. Initially, a case was instituted under Section 304 of the IPC and subsequently charge-sheet was filed against the Petitioner under Section 302 of the IPC.

3. The Petitioner all along dined the said charge and allegation levelled against him. It was stated by him that the deceased, Munna Singh was not wanted in any case, registered in Gidhaur Police Station. There was no occasion to bring him to the said Police Station and he had no occasion to assault him. On the basis of the charge-sheet submitted against the Petitioner, Sessions Trial No. 171 of 2016 was registered against the Petitioner. On conclusion of trial, the learned Trial Court recorded the judgement of acquittal in favour of the Petitioner on 18th of September, 2019. From the said judgement, it is crystal clear that the Petitioner was not involved in interrogating the deceased, Munna Singh or assaulting him in any manner within the premises of Gidhaur Police Station.

4. The Petitioner further stated that over the selfsame incident, a disciplinary proceeding was initiated against the Petitioner and without waiting for criminal charge, the respondent authorities conducted the departmental proceeding in a partisan manner against the Petitioner and framed charges against him in the said departmental proceeding, vide Memo No. 1697, dated 30th of June, 2013.

5. The memo of charge, dated 30th of June, 2013, contains, in all, one head of charge which runs hereunder: -

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTEjMjc5IzIwMjQjMSNO-YtiYfZvk9WY=

Disclaimer: Curated by HT Syndication.