HC upholds government order of compulsory retirement of headmaster in bribery case
19-Aug-2024 09:00 PM 1843
Patna, Aug 19 (Reporter) Patna High Court on Monday upheld the order of state government slapping punishment of compulsory retirement on Dr Sunil Kumar Sinha, a headmaster of girls residential high school of Arwal district in Bihar in bribery case. A single bench of justice Anjani Kumar Sharan while upholding order of the state government slapping punishment of compulsory retirement on headmaster in a bribery case, noted that appointing authority has absolute power to take any appropriate disciplinary action on the basis of departmental proceedings conducted, in accordance with established provision of the law. The Court dismissed the petition of Dr Sinha maintaining the fact that no intervention is required in the case as disciplinary action has been taken after following all established legal provisions, as needed in such matter. "The nature of punishment which can be imposed on an employee is absolutely a prerogative of the appointing authority", the bench noted. "The Court ordinarily does not substitute opinion in such matters under Article 226 of the Indian constitution", the bench maintained. Petitioner counsel Mahasweta Chatterjee challenging the punishment order of voluntary retirement to in-charge headmaster of the Arwal Ambedkar Residential Girls High School, contended that several witnesses had given evidence in favour of petitioner and he had been falsely implicated in the vigilance case .She stressed that punishment is so harsh and fit to be set aside. State counsel Prashant Pratap while vigorously opposing the arguments of counsel of the petitioner submitted that charges against the petitioner were related to his being caught red-handed while taking bribe by the vigilance team on 31.03.2016, which was reported to the department by the Superintendent of Police, Vigilance Investigation Bureau. Pratap referring to various decisions of the apex court argued that this is not a case of no evidence and the petitioner has miserably failed to establish any procedural irregularities in the decision making process . "The departmental proceedings based on the principle of doctrine of preponderance and as punishment order does not require any interference under article 226 of the Indian constitution", Pratap argued...////...
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