Court Modifies Disciplinary Order Against Bihar Police Officer, Sustaining Major Penalty and Quashing Minor Penalty
In a significant ruling, the Patna High Court has modified a disciplinary order against Manoj Kumar Sudhansh, a Deputy Superintendent of Police in Bihar, by quashing the simultaneous imposition of major and minor penalties. The court held that such a course of action is impermissible under established legal principles.
The disciplinary order dated December 22, 2022, had imposed both a major penalty- with five increments withheld with cumulative effect-and a minor penalty-prohibiting promotion for five years from the due date-on Sudhansh. This was in connection with allegations of misconduct during an investigation into overloading and illegal mining activities.
Justice Sandeep Kumar, presiding over the case, emphasized that imposing both major and minor penalties in a single order is unsustainable in law, citing the Supreme Court's ruling in Union of India v. S.C. Parashar. The Court noted that such actions violate disciplinary norms and legal precedents.
The case arose when Sudhansh, during his tenure as Sub-Divisional Police Officer in Kahalgaon, Bhagalpur, allegedly failed to properly investigate a case involving illegal mining and issued a "No Objection Certificate" for de-freezing the bank accounts of accused individuals without proper authorization. This led to a disciplinary proceeding against him, culminating in the contested order.
The Court examined the sequence of events, from the preliminary inquiry in February 2019 to the final disciplinary order in December 2022. The judgment observed that the Bihar Public Service Commission's concurrence with the proposed punishment lacked rationale, failing to address the amalgamation of major and minor penalties.
In its decision, the Court sustained the major penalty of withholding increments but quashed the minor penalty related to promotion prohibition. The ruling underscores the necessity of adhering to legal standards in disciplinary proceedings and provides a precedent for similar cases in service law.
The petitioner, represented by Senior Advocate Mr. Y.V. Giri and others, argued successfully that the punishment order was passed in a mechanical manner without due consideration of the defense submitted by Sudhansh. The Court's decision to allow the writ petition to this extent offers partial relief to the petitioner while maintaining accountability for the misconduct.
Bottom Line:
Both major and minor punishments cannot be imposed simultaneously by the same order in disciplinary proceedings. Any such imposition is unsustainable and requires modification to align with established legal principles.
Statutory provision(s): Rule-14 of Bihar CCA Rules, 2005
Manoj Kumar Sudhansh v. State of Bihar, (Patna) : Law Finder Doc Id # 2837722
