TARAK NATH GHOSH versus STATE OF BIHAR & ORS.

TARAK NATH GHOSH versus STATE OF BIHAR & ORS.

The appellant was validly included in the Indian Police Service under the 1954 Rules and governed by subsequent disciplinary rules; the order for enquiry and suspension by the State Government was not contrary to his rights under Rule 55 or Article 314, as the authority concerned for enquiry is the authority under whom the officer serves.

Parties
Appellant: Tarak Nath Ghosh; Respondents: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
22 February 1968
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
All India Services, Suspension and Disciplinary Enquiry, Service Conditions Under Article 314
Service Law Constitutional Law All India Services Suspension and Disciplinary Enquiry Service Conditions Under Article 314

Case Brief

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Parties

Tarak Nath Ghosh

Appellant

State of Bihar & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether appellant was a member of the Indian Police Service and governed by relevant rules
  2. 2 Whether disciplinary enquiry and suspension orders by the State Government were valid under the applicable rules and Article 314

Ratio Decidendi

The appellant was validly included in the Indian Police Service under the 1954 Rules and governed by subsequent disciplinary rules; the order for enquiry and suspension by the State Government was not contrary to his rights under Rule 55 or Article 314, as the authority concerned for enquiry is the authority under whom the officer serves.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs