'Dismissal From Service Not Based On Evidence': Patna High Court Reinstates Police Constable Dismissed For Celebrating Birthday With Lady Constable
6 months, 3 weeks ago

'Dismissal From Service Not Based On Evidence': Patna High Court Reinstates Police Constable Dismissed For Celebrating Birthday With Lady Constable

Live Law  

The Patna High Court on Wednesday upheld the reinstatement of the Police Constable who was dismissed from the service on account of allegation of celebrating a birthday party with a Probationer Lady Constable. The Police Constable was dismissed for the alleged misconduct from the service by the enquiry officer without leading evidence. The bench comprising Chief Justice K. Vinod Chandran and Justice Partha Sarthy while affirming the Single Judge order observed that the enquiry officer erred in dismissing the Constable without leading the evidence. While refusing to remand the case to the enquiry officer, the Court referred to the case of Union of India v. P. Gunasekaran; 2 SCC 610 where the Supreme Court held that it is permissible for the High Court under Article 226/227 to interfere when the finding of fact is based on no evidence.

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History of this topic

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court
3 months, 3 weeks ago

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single Judge …

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court
3 months, 3 weeks ago

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single …

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