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2021 DIGILAW 1114 (JHR)

Nand Kishore Singh v. State of Jharkhand

2021-12-23

SHREE CHANDRASHEKHAR

body2021
JUDGMENT : Shree Chandrashekhar, J. This is an assigned matter by an order dated 25th July 2017 passed on the administrative side by Hon'ble the Acting Chief Justice, High Court of Jharkhand. 2. The petitioner suffered punishment of forfeiture of 75 days salary and one black mark. In the inquiry report the inquiring officer recorded findings favourable to the delinquent officer which however were not accepted by the disciplinary authority. The materials brought on record do not disclose that the disciplinary authority issued memo of disagreement to the delinquent officer informing him the reasons for disagreement with the inquiry report. 3. The petitioner initially challenged the order of punishment dated 12th February 2008 which, however, in view of the appellate order the same has been rendered infructuous. By the order dated 09th April 2021, I.A. No. 514 of 2010 was allowed by which the appellate order was challenged by the petitioner. 4. By this order, challenge to the appellate order dated 30th December 2008 by which appeal preferred by the petitioner was dismissed was permitted to be incorporated in the prayer portion of this writ petition. 5. When the matter is called out, no one appears for the petitioner. However, the Court is not inclined to adjourn hearing of this writ petition for that reason. With the assistance of Mr. Devesh Krishna, the learned State counsel, I have gone through the records of the case. 6. The learned State counsel refers to sub-Rule (b) to Rule 852 of the Jharkhand Police Manual to submit that the appeal memo filed by the delinquent officer was not in proper format and, therefore, it was required to be rejected by the appellate authority and that is what has been done in the present case. 7. The relevant portions of Rule 852 of the Jharkhand Police Manual are extracted below: “Rule 852: ……..……………. (b) Every petition of appeal or for revision of an order shall be accompanied by certified copies of the charges, the defence and the order otherwise it will at once be rejected. Court fee stamps are not to be affixed to such petitions and appeals. ……………………… (d) The officer before whom an appeal is filed, shall keep a separate register concerning appeals in his office. It shall be kept in P.M. Form no. 115A. Court fee stamps are not to be affixed to such petitions and appeals. ……………………… (d) The officer before whom an appeal is filed, shall keep a separate register concerning appeals in his office. It shall be kept in P.M. Form no. 115A. The disposal of appeal should be done within one month from the receipt of the file in the office and the information about the order should be given to the officer filing appeal.” 8. The appeal under Rule 852 of the Jharkhand Police Manual provides a forum to the charged officer to avail of a statutory remedy which normally should not be rejected on technical grounds. The provision of appeal and, that too, a statutory appeal is the first forum for the charged officer to challenge legality of the order of punishment and, therefore, it confers valuable rights in the charged officer. 9. In a disciplinary action what is of utmost importance is that the departmental authorities must act fairly and provide all opportunity to the charged officer to prove his defence by preponderance of probability. Under sub-Rule (d) to Rule 852 of the Jharkhand Police Manual, the appellate authority is required to dispose of the appeal within one month. What appears from the records is that the petitioner preferred his appeal on 10th October 2008 against the punishment order and the same was dismissed on 30th December 2008, much beyond the period indicated under sub-Rule (d) to Rule 852 of the Jharkhand Police Manual. 10. This Court is of the opinion that a statutory appeal under Rule 852 of the Jharkhand Police Manual cannot be rejected mechanically on the ground that it was not accompanied by necessary documents as provided under sub-Rule (b) to Rule 852 of the Jharkhand Police Manual. The provision under sub-Rule (b) cannot be read in a pedantic manner so as to deprive a charged officer of the valuable right to appeal. The rules of fair play in action require the appellate authority to provide one opportunity to the charged officer. 11. For the foregoing reasons, the appellate order dated 12th February 2008 is held unsustainable and accordingly quashed. The matter is remanded back to the appellate authority who shall provide one opportunity to the petitioner to remove the defects in the appeal memo. 12. W.P.(S) No. 1948 of 2009 stands allowed, in the above terms. 13. 11. For the foregoing reasons, the appellate order dated 12th February 2008 is held unsustainable and accordingly quashed. The matter is remanded back to the appellate authority who shall provide one opportunity to the petitioner to remove the defects in the appeal memo. 12. W.P.(S) No. 1948 of 2009 stands allowed, in the above terms. 13. Let a copy of this order be sent to the petitioner at the address disclosed in the memo of parties. 14. The office of the appellate authority shall send intimation to the petitioner at his address last known.