BISHRAM TETE Vs. STATE OF BIHAR

JUDGEMENT

(1.) <DJG>S.J.MUKHOPADHAYA,J.</DJG> The petitioner was in custody in connection with a criminal case being G.R. No. 8231/92 under Sections 363, 366, 376 and 376/34, I.P.C. for committing rape on one victim Anna Vengra after kidnapping her. The date of occurrence was shown to be 4th of July, 1992 at Patna Junction, where certain constable including petitioner alleged to have been approached the victim at about 11.30 p.m.

(2.) In view of the fact that the petitioner was taken in custody, he was placed under suspension and proceeded in departmental proceeding. Apart from the allegation of committing rape on victim Anna Vengra, three other allegations relating to dereliction of duty, unauthorized absence from duty etc. were levelled.

(3.) It appears that the petitioner did not take part in the departmental proceeding, but he was acquitted in the criminal case being Sessions Trial No. 95.1/92 by judgment dated 15th January, 1994, passed by the learned Asstt. Sessions Judge VIth, Patna. However, in the departmental proceeding, the charges having found to be proved, on the basis of finding of Inquiry Officer, the petitioner was dismissed from service, vide Memo No. 615 dated 5th December, 1994. The appeal was also rejected, vide order dated 28th June, 1995. Subsequently, no decision in the revision application having taken, the present writ petition has been preferred.