AVINASH CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 7/10/2021, passed by the Inspector General of Police, Tirhut Range, Muzaffarpur, as communicated vide order dtd. 21/10/2021, issued by the Senior Superintendent of Police, Muzaffarpur whereby and whereunder the petitioner has been inflicted with the punishment of stoppage of increment of salary for next one year with non-cumulative effect. The petitioner has also prayed for quashing of the order dtd. 8/9/2022, passed by the Director General of Police, Bihar Patna whereby and whereunder the punishment inflicted upon the petitioner vide order dtd. 7/10/2021 has been revised, in purported exercise of power conferred under Rule 853A(a) of the Bihar Police Manual and the punishment of compulsory retirement has been inflicted upon the petitioner. The petitioner has also prayed for reinstatement in service with all consequential benefits.

(2.) Shorn of unnecessary details, it would suffice to state that the petitioner was placed under suspension, vide order dtd. 26/11/2020, on the allegation that he had failed to arrest a person, who was engaging in illicit trade of liquor, whereafter a departmental proceeding was initiated against the petitioner and a memo of charge dtd. 4/12/2020 was served upon him. The enquiry officer had then submitted an enquiry report dtd. 5/4/2021, exonerating the petitioner from all the charges levelled against him. Nonetheless, the disciplinary authority did not find the said enquiry report dtd. 5/4/2021 to be palatable, hence directed the Superintendent of Police, Sitamarhi to re-conduct the departmental enquiry, in light of the enquiry report, submitted by the Deputy Superintendent of Police, Excise and Prohibition, vide letter dtd. 10/11/2020. Thereafter, a de-novo enquiry was initiated and a new enquiry officer was appointed, who had then submitted a second enquiry report dtd. 3/9/2021 holding the petitioner to be guilty of the charges levelled against him. Thereafter, the Inspector General of Police, Tirhut Range, Muzaffarpur had issued a second show-cause notice dtd. 16/9/2021 and then the impugned order of punishment dtd. 7/10/2021 was passed, inflicting punishment of stoppage of increment of salary for next one year with noncumulative effect. The petitioner had then preferred an appeal against the said order dtd. 7/10/2021, however, till date no decision has been taken. Nonetheless, during the interregnum period, a show-cause notice dtd. 21/6/2022 was issued to the petitioner, calling upon him to showcause as to why the punishment inflicted upon him, vide order dtd. 7/10/2021, be not enhanced, to which the petitioner had submitted his detailed representation and then the impugned order of punishment dtd. 8/9/2022, inflicting the punishment of compulsory retirement upon the petitioner, has been passed.

(3.) The learned counsel for the petitioner has submitted that the decision to initiate a de-novo enquiry, vide order dtd. 16/7/2021 and that too with a direction to be conducted in terms of the enquiry report dtd. 10/11/2020, submitted by the Dy. Superintendent of Police, Excise & Prohibition is perverse and illegal, inasmuch as no reason has been assigned therein so as to necessitate discarding of the 1st enquiry report dt. 5/4/2021 as also warrant initiation of de-novo enquiry. It is submitted that it is a well settled law that in case the disciplinary authority is permitted to hold dePatna High Court CWJC No.7496 of 2023 dt.22/3/2024 novo enquiry, merely because the earlier report was not palatable to it, it may amount to vesting of un-canalized and arbitrary powers in a disciplinary authority to continue with the departmental proceeding till such time a report to his satisfaction is received. In this connection, the Ld. counsel for the petitioner has referred to a judgment dtd. 16/4/2021, passed by this Court in CWJC No.7247 of 2018 (Ajit Kumar Sinha vs. the State of Bihar & Ors).