SHEO BEHARI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who was in the services of the State having removed from service, vide order dated 4th March, 1991 in view of conviction in criminal case, has challenged the same.

(2.) THE brief fact of the case shows that the petitioner who was a Panchayat Sewak was made an accused in Terari P.S. Case No. 9 dated 17th July, 1976. In the said case, the informant alleged that while the informant with his brother returning back to their house, saw the accused persons including the petitioner ploughing the land in Plot No. 1204, which the informant had got by virtue of a deed of gift. While the brother of the informant Sachidanand Rai proceeded to unyoke the plough forcibly the accused Sheo Behari Rai (petitioner herein) gave a Farsa blow on the deceased Sachidanand Rai and other accused also assaulted. Later on, Sachidanand Rai succumbed to the injury.

(3.) IN view of aforesaid judgment passed in Criminal Appeal No. 625/82, the same having become final, the authorities issued impugned order on 4th March, 1991, under proviso (a) to Article 311(2) of Constitution of India.