Patna High Court: A Single Judge Bench comprising of Mohit Kumar Shah, J. dismissed a writ petition on grounds of petitioner being undisciplined at his job.

The petitioner has prayed for quashing the order passed by the respondent whereby the petitioner was dismissed from the police service. The petitioner has further prayed for quashing of the appellate order. The petitioner stated the fact that during his training he had left for his home due to his wife’s ill health after duly informing his superior but not to the Havildar.

The respondents contended that they had initiated a departmental proceeding against the petitioner on ground of him being a habitual offender, as on several occasions he absconded unauthorizedly thereby projecting his indiscipline and resultantly a charge sheet was issued along with an enquiry proceeding conducted by the Enquiry Officer plus a show cause notice was also sent to the petitioner asking him as to why he should not be dismissed from the service.

It was stated by the petitioner that it lacked evidence as the disciplinary authority cannot take into account past irrelevant facts, not germane to the departmental enquiry under consideration.

The Court came to the conclusion that police being a highly disciplined job, therefore a single isolated incident of indiscipline was enough to take the harshest step against the delinquent. Hence, no mercy was required to be shown with the petitioner especially in view of his proved misconduct on a couple of occasions. [Abhay Kumar Singh v. State of Bihar,2018 SCC OnLine Pat 1703, order dated 11-09-2018]

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