BIRENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was proceeded departmentally in respect of allegations for which a criminal case was also lodged. In the said Departmental Proceeding No. 74/88, on enquiry and report, the petitioner was dismissed from service, vide order passed by S.P., Bhojpur at Arrah, as contained in Annexure -1. The appeal and revision thereafter having rejected, vide Memo dated 2nd April, 1990 & 1.8.1991 the order of dismissal; and appellate and revisional orders have been challenged.

(2.) AS the case can be disposed of on short point, it is not necessary to discuss claim and counter claim of the parties, except the relevant facts.

(3.) WHILE such police case was pending, for same allegation, a departmental Proceeding No. 74/88 was initiated and in the first charge reference of aforesaid Udwant P.S. Case No. 57/87 was made. It was alleged that he was made accused under section 302, Charge No. 2, it was further alleged that petitioner intentionally claimed him as Officer -in -Charge of Police Station and tried to raise fear amongst public by showing his service revolver.