Patna High Court Quashes Disciplinary Actions Against Police Officer for Lack of Evidence

Court Rules Against Assumed Guilt in Illicit Liquor Recovery Case, Citing Violations of Natural Justice Principles

In a landmark decision, the Patna High Court has quashed disciplinary actions taken against Bhola Kumar Singh, a police officer in Bihar, citing a lack of independent evidence and a violation of natural justice. The case, which involved the recovery of illicit liquor from the jurisdiction of the Sursand Police Station, was previously subject to disciplinary proceedings based on a presumption of guilt against Singh.

Presided over by Justice Sandeep Kumar, the Court noted that the disciplinary proceedings were initiated without any cogent evidence of negligence or complicity on Singh's part. The Court emphasized that the concept of "deemed guilt" used against Singh was contrary to the principles of natural justice and violated Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.

The disciplinary actions, which included the stoppage of salary increments and demotion, were initially based on a directive from the Bihar Police Manual that presumes guilt if illicit activities occur within an officer's jurisdiction. However, the Court found that this presumption was made without offering Singh a fair chance to defend himself, as the proceedings were influenced by a pre-determined mindset.

The judgment also highlighted the procedural lapses, including the failure to provide Singh with a copy of the enquiry report, which prevented him from mounting an effective defense. The Court remarked that the disciplinary authority's actions were arbitrary and lacked substantial evidence, as the witnesses in the departmental proceedings merely confirmed the signatures of senior officers and were not present at the raid.

Justice Kumar further criticized the enhancement of Singh's punishment by the Director General of Police, citing the absence of adequate materials to justify such an action. The judgment reiterated that territorial responsibility should not automatically equate to strict liability or presumed guilt without evidence of deliberate negligence.

In light of these findings, the Court ordered the reinstatement of Bhola Kumar Singh with all consequential benefits, setting aside the previous orders of punishment and enhancement. The decision underscores the judiciary's role in safeguarding the principles of fair play and justice, particularly in disciplinary proceedings within law enforcement agencies.

Bottom Line:

Disciplinary proceedings based on the concept of deemed guilt and presumption of guilt without cogent evidence are against principles of natural justice and violative of Article 21 of the Constitution of India.

Statutory Provision(s): Article 21 of the Constitution of India, Rule 853A(a) of the Bihar Police Manual, Bihar Excise Act.

Bhola Kumar Singh v. State of Bihar, (Patna) : Law Finder Doc Id # 2820677