MAKESHWAR NATH SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal, by special leave, is against the judgment of the High Court of Patna dismissing in 1imine the writ petition filed by the appellant challenging the order of his dismissal from service passed by the Government of Bihar.

(2.) The appellant was first appointed as a stenographer, Sub-Inspector of Police in 1940 in the Police Service of the State. After the requisite training in the Police training College at Hazaribagh, he was posted as a Sub-Inspector in 1950 Champaran District" In 1954, he was promoted to officiate as an inspector of Police. In June 1955, he worked in Saharsa District as an Officiating Inspector of Police; ....

(3.) In July 1955. he received a notice to show cause why disciplinary proceeding should not be taken against him in a matter relating to certain cloth recovered at Katihar Police Station in a Police Case under Sections 379 and 414 of the Penal Code. The appellant submitted his reply denying any misappropriation by him On September 26. 1955, he was served with a charge-sheet alleging misappropriation and connivance by him of misappropriation by two constables named therein. This was followed by an enquiry held by the Deputy Superintendent of Railway Police at Samastipur. The appellant alleged that the enquiry was held partially behind his back and was, therefore, bad. In April, 1956, the Deputy Superintendent of Police submitted his findings to the Superintendent of Railway Police, Samastipur holding that the charges against the appellant had been established. These findings were then submitted to the Inspector General of Police with a recommendation that the appellant should be awarded exemplary, punishment. In September 1957, the Inspector-General served a second show cause notice on the appellant to show cause why he should not be dismissed. The appellant submitted his reply and also appeared in person.