He Retired In 2014. The Court Has Now Put Him Back On The Rolls.
A police officer was dismissed on an enquiry that used material never proved and never given to him. Twelve years on, the dismissal is gone and his service is restored on paper.
The Court held the enquiry rested on material which was neither duly proved nor made available to the petitioner, and that he was denied an effective opportunity to defend himself. The enquiry report, the dismissal and the appellate rejection were quashed. He gets all consequential benefits including notional continuity of service up to superannuation, with retiral benefits computed and paid within three months.
- Two failures, not one — the material was not proved, and it was not supplied.
- Notional continuity to superannuation, which is what makes the pension follow.
- The appellate order went too, along with the enquiry report it rested on.
- Three months to compute and disburse everything admissible in law.
- Court
- High Court of Judicature at Patna
- Bench
- Justice MR. JUSTICE KUMAR MANISH
- Citation
- Civil Writ Jurisdiction Case No. 996 of 2017
- Case
- Civil Writ Jurisdiction Case No. 996 of 2017
- Decided
- 3 September 2026
- Outcome
- Writ application allowed; dismissal quashed with consequential benefits
What was wrong with the enquiry
The enquiry proceeded on material which was neither duly proved nor made available to the petitioner.
He was thereby denied an effective opportunity to defend himself.
In those circumstances the enquiry report, the consequential order of dismissal, and the order rejecting his appeal could not be sustained.
What was ordered
The appellate order was set aside, and the order of punishment dismissing him from service was quashed and set aside.
He is entitled to all consequential benefits arising from the quashing, including notional continuity in service up to the date of his superannuation, and the retiral and other benefits admissible in law.
Those are to be computed and disbursed by the respondents within three months of receipt or production of a copy of the order.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Must the department give me the documents it relies on?
Yes. Using material neither proved nor supplied denies an effective opportunity to defend, and the dismissal here was quashed.
What if I have already retired?
The Court granted notional continuity of service up to the date of superannuation, with retiral benefits.
Attacking a departmental enquiry on the material used
- List every document the enquiry relied on and check which were proved and which were supplied; both are required.
- Record each request for documents and each refusal at the enquiry stage, not afterwards.
- Where the officer has since retired, ask for notional continuity to superannuation, or the pension does not follow.
- Ask for a time limit on computation and disbursal.
Source. High Court of Judicature at Patna, Civil Writ Jurisdiction Case No. 996 of 2017, decided 3 September 2026 by Justice MR. JUSTICE KUMAR MANISH. This explainer is written from the judgment text as reported.
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