No Concept Of 'Deemed Guilt' In Service Law: Patna High Court Sets Aside Punishment Of Cop For Alleged Failure To Gather Intelligence

The Patna High Court recently observed that there is no concept of 'deemed guilt' in service law jurisprudence, and set aside the punishment imposed on a police officer.

A Single Judge Bench comprising Justice Sandeep Kumar was hearing a writ petition filed by a police officer who had been punished with stoppage of salary increments for two years. The present case emanated from the seizure of approximately 4767.22 litres of illicit liquor from the vicinity of the Sursand Police Station in the District of Sitamarhi, carried out by the Excise Department.

The allegation against the petitioner was that he failed to gather intelligence and implement the provisions of the Bihar Excise Act. Based on the recovery of illicit liquor near the police station, an FIR was registered and the petitioner was placed under suspension. The disciplinary authority, agreeing with the enquiry report, imposed the punishment of stoppage of salary increments for two years with non-cumulative effect. Later, in exercise of suo motu revisional powers, the DGP of Bihar enhanced the punishment.

The High Court agreed with the petitioner's contention and held that there is no concept of “deemed guilt” in service law. The Court held:

“20…The concept of strict liability by virtue of 'deemed guilt' of a public servant in absence of any cogent material establishing direct connivance, complicity, negligence or involvement is totally alien to the service jurisprudence. A public servant, no doubt, has to act and perform the duties of his office diligently and to the best of his abilities, but territorial responsibility can not be ipso facto equated with strict liability or deemed guilt, in absence of negligence or laxity being deliberate which is evidenced based on cogent materials available on record.”

The Court noted that the only allegation against the petitioner was that a large quantity of illicit liquor was recovered within the jurisdiction of the police station where he was in charge, and merely on that basis a charge of dereliction of duty had been levelled. It found that the documents on record did not establish the petitioner's guilt or indicate any involvement or connivance on his part.

The High Court eventually set aside the punishment proceedings against him.

Cause Title: Bhola Kumar Singh v. State of Bihar and Others

Case Number: Civil Writ Jurisdiction No. 7478 of 2023

Appearance: Mr. Vinay Ranjan appeared for the Petitioner. Mr. P.K. Verma and Mr. Suman Kumar Jha appeared for the Respondents.

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