{"id":138081,"date":"2010-03-26T00:00:00","date_gmt":"2010-03-25T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sanjay-kumar-singh-vs-state-of-jharkhand-ors-on-26-march-2010"},"modified":"2016-10-12T17:07:04","modified_gmt":"2016-10-12T11:37:04","slug":"sanjay-kumar-singh-vs-state-of-jharkhand-ors-on-26-march-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sanjay-kumar-singh-vs-state-of-jharkhand-ors-on-26-march-2010","title":{"rendered":"Sanjay Kumar Singh vs State Of Jharkhand &amp; Ors. on 26 March, 2010"},"content":{"rendered":"<div class=\"docsource_main\">Jharkhand High Court<\/div>\n<div class=\"doc_title\">Sanjay Kumar Singh vs State Of Jharkhand &amp; Ors. on 26 March, 2010<\/div>\n<pre>                W.P. (S) No. 140 of 2007 with W.P.(S) No. 218 of 2007\n                                                ---\n<\/pre>\n<p>               In the matter of an application under Article 226 of the Constitution of India.\n<\/p>\n<p>                                                &#8212;<\/p>\n<pre>\n            Prafulla Kumar Jha (WPS 140\/07)\n            Sanjay Kumar Singh (WPS 218\/07)                                           Petitioners\n                                                    Versus\n            1. The State of Jharkhand\n            2. Director General of Police, Jharkhand, Ranchi\n<\/pre>\n<p>            3. Dy. Inspector General, Kolhan Range, West Singbhum, Chaibasa\n<\/p>\n<p>            4. Superintendent of Police, Jamshedpur\n<\/p>\n<p>            5. Additional Superintendent of Police, Jamshedpur (WPS 140\/07)<\/p>\n<p>            1. The State of Jharkhand through the Secretary, Department<br \/>\n               of Home, Government of Jharkhand, Ranchi\n<\/p>\n<p>            2. D.I.G. Police, Singhbhum (Kolhan) Area at Chaibasa\n<\/p>\n<p>            3. Superintendent of Police, Singhbhum (East), Jamshedpur\n<\/p>\n<p>            4. Additional Superintendent of Police, East Singhbhum, Jamshedpur\n<\/p>\n<p>            5. Police Inspector (Traffic)-cum-Conducting Officer,<br \/>\n               Singhbhum (East), Jamshedpur (WPS 218\/07)                       Respondents<\/p>\n<p>                                               &#8212;\n<\/p>\n<p>         For the Petitioners: Dr. (Mr.) S.N. Pathak and Mr. Deepak Kumar, Advocates<br \/>\n         For the Respondents: Mr. D.K. Dubey, SC (Mines)\n<\/p>\n<p>                                                   &#8212;-\n<\/p>\n<p>                                      CAV JUDGMENT\n<\/p>\n<p>                                               &#8212;\n<\/p>\n<pre>       Reserved on: 19.03.2010                            Pronounced on: 26 .03.2010\n                                              -----\n                                          PRESENT\n                            Hon'ble Mr. Justice D.G.R. Patnaik\n                                                ---\n<\/pre>\n<p>D.G.R. Patnaik, J: Both these writ applications based on identical facts and common grounds, are<br \/>\n       taken up together for disposal.\n<\/p>\n<p>       2.      Heard counsel for the petitioners and the counsel for the respondents.\n<\/p>\n<p>       3.      The petitioner Prafulla Kumar Jha in WPS No. 140 of 2007 has prayed for<br \/>\n       quashing the order dated 24.7.2006 (Annexure-7), passed by the Disciplinary Authority<br \/>\n       whereby, the petitioner was terminated from service. Further prayer has also been made<br \/>\n       for quashing the order dated 14.11.2006 (Annexure-5), passed by the Appellate Authority<br \/>\n       whereby, the appeal preferred by the petitioner against the impugned order of the<br \/>\n       Disciplinary Authority, was dismissed.\n<\/p>\n<p>               The petitioner Sanjay Kumar Singh in WPS No. 218 of 2007 has challenged the<br \/>\n       order dated 19.6.2006 passed by the Disciplinary Authority whereby, the petitioner&#8217;s<br \/>\n       service was terminated. Challenge is also made to the order dated 12.9.2006 passed by<br \/>\n       the Appellate Authority whereby, the appeal preferred by the petitioner against the<br \/>\n       impugned order of the Disciplinary Authority, was dismissed.\n<\/p>\n<p>       4.      Facts of the case of the petitioners in brief is as follows:\n<\/p>\n<p>               Both the petitioners were posted as constables in the district of East Singhbhum at<br \/>\n       MGM Police Station at Jamshedpur. A departmental proceeding was initiated against<br \/>\n       them upon certain charges and on the accusation that on 12.11.2005, the Additional<br \/>\n       Superintendent of Police, Jamshedpur, in course of his search of the MGM Police Station<br \/>\n Mobile Van on National Highway-33, in between Dimna-Belajudi, found the Mobile<br \/>\nVan parked near Belajudi Kali Temple. The Additional Superintendent of Police saw<br \/>\nASI Ram Kumar Prasad standing behind the Mobile Jeep while Constables Prafulla<br \/>\nKumar Jha (Petitioner) and Ashok Kumar Chourasia were collecting money from drivers<br \/>\nof trucks. Two other constables namely, constable Bahadur Singh and constable Sanjay<br \/>\nKumar Singh (Petitioner) were also standing nearby. It was alleged that though, these<br \/>\npolice personnel were assigned the duty of conducting investigation in respect of a case<br \/>\nat Uuria Basti, but without being assigned any duty for checking vehicles, these<br \/>\npetitioners along with the two other constables and the ASI were found stopping trucks<br \/>\nand realizing money from the truck drivers. With these allegations, the Additional<br \/>\nSuperintendent of Police submitted a written complaint on 13.11.2005 to the<br \/>\nSuperintendent of Police.\n<\/p>\n<p>5.     The petitioners submitted their respective show-cause replies in response to the<br \/>\ncharges, but being not satisfied with the same, the departmental proceeding was initiated<br \/>\nagainst them.\n<\/p>\n<p>       In the departmental proceeding, the statement of the complainant Sudhir Kumar<br \/>\nJha, Additional Superintendent of Police, was recorded upon his examination by the<br \/>\nprosecution and cross-examination on behalf of the proceedees.\n<\/p>\n<p>6.     On the basis of the statements of the solitary witness, the Enquiry Officer<br \/>\nrecorded his findings that the charge stood proved against the proceedees.\n<\/p>\n<p>       On the basis of the inquiry report, the Superintendent of Police being the<br \/>\nDisciplinary Authority, issued second show-cause notice upon the petitioners to which,<br \/>\nthey responded by filing their show-cause replies, but being not satisfied with the same,<br \/>\nthe Disciplinary Authority by his impugned order, recorded the punishment of dismissal<br \/>\nof the present petitioners from service.\n<\/p>\n<p>7.     The appeal preferred by the petitioners against the impugned order of their<br \/>\ndismissal, was dismissed by the Appellate Authority by his order impugned.\n<\/p>\n<p>       The impugned order of dismissal passed by the Disciplinary Authority and that of<br \/>\nthe Appellate Authority, have been challenged by the petitioners on the following<br \/>\ngrounds:\n<\/p>\n<blockquote><p>                            i. The findings of the Inquiry Officer are perverse and based on<br \/>\n                            conjectures and surmises and entirely on hearsay evidence and<br \/>\n                            is also against the weight of evidence on record.<br \/>\n                            ii. The Disciplinary Authority and the Appellate Authority<br \/>\n                            have passed the impugned orders without application of mind<br \/>\n                            in a most mechanical manner.\n<\/p><\/blockquote>\n<blockquote><p>                            iii. The punishment of dismissal from service is highly<br \/>\n                            disproportionate to the charges and is also discriminatory in as<br \/>\n                            much as, the other police constable namely, Mahendra Rai who<br \/>\n                            was also found guilty of the charges, has been awarded a lesser<br \/>\n                           punishment and the ASI, who is the superior officer with<br \/>\n                          whom the petitioners were attached at the relevant time, has<br \/>\n                          been left scot free.\n<\/p><\/blockquote>\n<blockquote><p>                          iv. Material witnesses including the drivers of the trucks from<br \/>\n                          whom money was realized, have not been examined, nor has<br \/>\n                          any complaint been filed by any such driver and neither the<br \/>\n                          names of any driver, nor registration number of any truck<br \/>\n                          which were allegedly stopped, was disclosed.\n<\/p><\/blockquote>\n<p>8.     Elaborating the grounds, learned counsel for the petitioners would submit that<br \/>\nthough, the Additional Superintendent of Police, on whose complaint the departmental<br \/>\nproceeding was initiated, was examined but his evidence is entirely vague and<br \/>\nunspecific. His statement does not confirm as to from whom did the petitioners realize<br \/>\nmoney and what was the amount realized, if any and neither does he inform as to why, if<br \/>\nhe had at all seen the petitioners indulging in such acts of misconduct, did he not take<br \/>\nany prompt action if he was present at the spot. No explanation has been offered by the<br \/>\nwitness as to why no written complaint was received or even oral complaint was<br \/>\nobtained and recorded by him at the spot. Learned counsel adds further that even as per<br \/>\nthe allegations, the petitioners were attached to the ASI as members of the patrolling<br \/>\nparty and the entire responsibility of the patrolling party was on the ASI who is supposed<br \/>\nto be the immediate controlling authority of the petitioners and if the patrolling party had<br \/>\nunauthorizedly indulged in acts which were not assigned as part of their duty, the entire<br \/>\nresponsibility was on the Assistant Sub Inspector. There is no reason assigned as to why<br \/>\nthe Assistant Sub Inspector has been totally exonerated from the charges. Likewise, there<br \/>\nis no explanation as to why the other constable namely, Mahendra Rai, who is alleged to<br \/>\nbe present at the spot during the checking of the vehicles, has been left with a minor<br \/>\npunishment of black mark.\n<\/p>\n<p>9.     Counsel for the respondents State, on the other hand, would refute the entire<br \/>\ngrounds advanced by the petitioners and submit that the inquiry against the petitioners<br \/>\nwas conducted in a fair and just manner and in which the petitioners were given<br \/>\nreasonable and adequate opportunity of defending their cases. The finding of guilt<br \/>\nagainst the present petitioners, as recorded by the Inquiry Officer, is based on the<br \/>\nevidences of Senior Police Officer who is an eyewitness to the acts of misconduct of the<br \/>\npetitioners.\n<\/p>\n<p>10.    Upon hearing the counsel for the parties and considering the specific ground of<br \/>\nthe petitioners that the findings of the Inquiry Officer are perverse and based on hearsay<br \/>\nevidence, I have gone through the Enquiry Report and the evidence of the witness. The<br \/>\ngist of the statement of the witness is that on 12.11.2005, upon receiving telephonic<br \/>\ninstructions from the Superintendent of Police, he went in search of the MGM Patrolling<br \/>\nJeep on a private vehicle and he found the Patrolling jeep parked near the temple. He saw<br \/>\na few trucks parked by the side of the road. He claims to have seen the present petitioner<br \/>\n    Prafulla Kumar Jha and Constable Sanjay Kumar Singh collecting money from the truck<br \/>\n   drivers. Thereafter, he followed the patrolling jeep to the police station and made<br \/>\n   inquiries from the ASI and recorded his statement. Beyond the above statement, this<br \/>\n   witness has not informed the name or identity of any of the truck drivers from whom<br \/>\n   money was claimed to have been realized by the petitioners, nor the registration number<br \/>\n   of the trucks which were allegedly stopped by the petitioners. He is not able to inform as<br \/>\n   to why he has not obtained any written or oral complaint from any of the truck drivers.<br \/>\n   He is not able to inform as to what amount did the petitioners realize from any of the<br \/>\n   truck drivers. He is not able to inform as to why, he being the senior police officer of the<br \/>\n   rank of Additional Superintendent of Police, he did not take prompt action against the<br \/>\n   petitioners at the spot. He does not inform as to why no money was seized from the<br \/>\n   possession of the petitioners if they had realized any money from any of the truck<br \/>\n   drivers. If the senior police officer was at all present at the spot and had seen what he has<br \/>\n   claimed to have seen, then it was a logical and reasonable expectation of him that in<br \/>\n   exercise of his authority he would immediately arrest the delinquent police personnel and<br \/>\n   detain them, recover the extorted money from their possession, record a complaint of the<br \/>\n   truck drivers from whom money was allegedly extorted, note down their names and<br \/>\n   identity and also the registration numbers of the vehicles. The fact that he has not done<br \/>\n   any of such acts and has not offered any reasonable explanation for his failure to do so,<br \/>\n   would certainly lead to a reasonable inference that he was not present at the spot and if at<br \/>\n   all, he had seen from a distance some trucks parked by the roadside and the petitioners<br \/>\n   present near the trucks, he has inferred on the basis of conjectures and surmises that the<br \/>\n   police personnel were realizing money from the truck drivers. The cryptic evidence of<br \/>\n   the witness needs much to be answered and could not have been more vague in the<br \/>\n   context of the charges framed against the petitioners. Such evidence cannot be deemed<br \/>\n   sufficient by any stretch of inferences, except on the basis of conjectures and surmises, to<br \/>\n   hold that the petitioners had unauthorizedly stopped the vehicles on the road and were<br \/>\n   illegally realizing money from the truck drivers.\n<\/p>\n<p>        The only inference which could be drawn on the basis of the evidence of this witness<br \/>\nis that the escort party comprising of the constables including the present petitioners and<br \/>\nheaded by the ASI of Police, had committed acts of dereliction of duty in as much as,<br \/>\ninstead of proceeding to attend the assigned duty of investigation at Uuria Basti, they were<br \/>\nfound present at a totally different place for which they had not offered any explanation. The<br \/>\nliability for such acts of dereliction of duty would therefore extend not only to the present<br \/>\npetitioners, but to the entire team including the team leader ASI of Police and the other two<br \/>\nconstables.\n<\/p>\n<p>  11.     The Inquiring Officer appears to have allowed himself to be persuaded by the<br \/>\n  statement of the senior police officer attaching undue weight to his evidence without<br \/>\n  considering the fact that even going by the entire evidence of the witness, no conclusive<br \/>\n  inference could be drawn that the petitioners had stopped any vehicle and had illegally<br \/>\n realized money from any truck driver. There appears just and sufficient ground to hold<br \/>\nthat the findings of the Inquiry Officer are perverse, misconceived and not based upon<br \/>\nunbiased and reasonable appreciation of evidence on record.\n<\/p>\n<p>12.      It is established principle of law that in the departmental proceeding, even though,<br \/>\nthe provisions of the Indian Evidence Act may not be called for strict application, but the<br \/>\nbasic principles of natural justice cannot be ignored. It is one of the basic principles of<br \/>\nevidence that the charge has to be proved by direct evidence or such evidence which has<br \/>\na definite bearing and relevance to the facts and issue. It is also a Rule of law relating to<br \/>\nproof of charge in the departmental proceeding the suspicion howsoever high, cannot be<br \/>\nsubstitute for legal proof. The departmental proceeding is a quasi judicial proceeding and<br \/>\nthe Inquiry Officer performs a quasi judicial function. The Inquiry Officer has a duty to<br \/>\narrive at a finding upon taking into consideration the materials brought on record by the<br \/>\nparties and the findings in respect of guilt or otherwise of the charges, should be recorded<br \/>\non the basis of the weight of evidence on record.\n<\/p>\n<p>13.      It appears from the impugned order of the Disciplinary Authority, as also that of<br \/>\nthe Appellate Authority that both the officers have accepted the findings of the Inquiry<br \/>\nOfficer in a mechanical manner without application of mind to the relevant issues raised<br \/>\nby the petitioners in their respective show-cause replies \/ explanations that in absence of<br \/>\na definite and conclusive proof of the allegations that the petitioners had stopped vehicles<br \/>\nand had realized money from the truck drivers, the findings of the Enquiry Officer are<br \/>\nmisconceived. The only act of misconduct which, even if taken into consideration and<br \/>\nwhich if commonly applied to all the police personnel constituting the patrolling party<br \/>\nincluding the group leader namely, the ASI and the constables attached with him is that<br \/>\nthey had committed dereliction of duty. If the acceptable portion of the evidence is to<br \/>\ncommonly apply to each and every member of the patrolling party and yet, the ASI can<br \/>\nbe exonerated from the charges and the other constable be given a lesser punishment,<br \/>\nthere was no reason why a different treatment should be given to the petitioners in the<br \/>\nmatter of punishment.\n<\/p>\n<p>14.      Considering the facts and circumstances of the case and in the light of the<br \/>\ndiscussions made above, in my view, the punishment of dismissal of the petitioners from<br \/>\nservice is highly disproportionate to the nature of charges levelled against them and is<br \/>\nharsh.\n<\/p>\n<p>         The impugned orders of punishment as passed against the petitioners by the<br \/>\nDisciplinary Authority and the impugned order passed by the Appellate Authority, are<br \/>\ntherefore hereby quashed. The matter is remitted back to the Disciplinary Authority for<br \/>\nreconsideration on the quantum of punishment other than dismissal from service, to the<br \/>\nsame extent as awarded to the other constable namely, Mahendra Rai. Both the<br \/>\npetitioners shall be entitled to be reinstated in service forthwith. The period between the<br \/>\ndate of their termination from service and the date of their reinstatement, shall be deemed<br \/>\nas period spent on duty, for the purpose of computing their pension and other retiral<br \/>\n        benefits. However, in absence of any specific pleading that during this entire period they<br \/>\n       were not gainfully employed, the petitioners shall not be entitled to claim back wages.\n<\/p>\n<p>              Both these writ applications are disposed of accordingly.\n<\/p>\n<p>                                                                          (D.G.R. Patnaik, J)<br \/>\nJharkhand High Court, Ranchi<br \/>\nDated 26th March 2010<br \/>\nRanjeet\/A.F.R.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Jharkhand High Court Sanjay Kumar Singh vs State Of Jharkhand &amp; Ors. on 26 March, 2010 W.P. (S) No. 140 of 2007 with W.P.(S) No. 218 of 2007 &#8212; In the matter of an application under Article 226 of the Constitution of India. &#8212; Prafulla Kumar Jha (WPS 140\/07) Sanjay Kumar Singh (WPS 218\/07) Petitioners [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,18],"tags":[],"class_list":["post-138081","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Sanjay Kumar Singh vs State Of Jharkhand &amp; Ors. on 26 March, 2010 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/sanjay-kumar-singh-vs-state-of-jharkhand-ors-on-26-march-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Sanjay Kumar Singh vs State Of Jharkhand &amp; 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