Patna. Patna High Court: Dr. Sunil Kumar Sinha was compulsorily retired under departmental proceedings on charges of corruption. Against this, he had filed a writ petition in the High Court.
Dismissing the petition, a single bench of Justice Anjani Kumar Saran observed that 'the High Court only examines the process of decision making and not the decision itself.'
The court further said that 'what type of punishment can be given to which employee is entirely the prerogative of the appointing authority.'
The Patna Bench said that generally the court does not give opinion in such cases under Article 226.
what is the whole matter
Bihar News: Actually, a vigilance case was registered against Sunil on the charge of irregularities in the operation of the mess of Ambedkar Residential Girls High School located in Arwal.
Petitioner Sunil was posted as a professor in this residential school. Sunil's petition was heard in the court on 17 July.
During this time, the court had reserved its decision. After this, in the hearing held today (August 19), the court has given its verdict and rejected the petition.
In the case, Sunil was compulsorily retired after being found guilty under departmental proceedings. His advocate Mahasweta Chatterjee said that many witnesses have testified in favor of Sunil.
Chatterjee argued that Sunil has been falsely implicated. The punishment is so harsh that it should be revoked.
Opposing the petition, government lawyer Prashant Pratap said that on March 31, 2016, information about the person being caught red-handed taking bribe was received by the department from the Superintendent of Police, Vigilance.
Citing various judgements of the Supreme Court, Prashant also argued that this was not a case of lack of evidence. The petitioner had failed to establish any procedural irregularity in the decision-making process.
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