MANOJE NATH S/O LATE GUPTESHWAR NATH, DIRECTOR GENERAL OF POLICE (VIGILANCE CELL) BIHAR STATE ELECTRICITY BOARD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Shrawan Kuma for the petitioner, Mr. Kalika Nand Jha for respondent No. 1, Mr. Prabhakar Tekriwal for respondent Nos. 2 to 5, Mr. Jagannath Singh for respondent No. 6, and Mr. J.P. Karn for responden; No. 7. This writ petition seeks the following reliefs:

(2.) Before we proceed further, we would like to deal with I.A. No. 139 of 2010. In view of the order dated 14.10.2009, passed in the present writ petition, and on a reconsideration of the matter, the State Government altered/abandoned the earlier charge-sheet dated 29.5.2009 (Annexure 17), and has substituted the same by the present charge-sheet dated 15.12.2009 (Annexure D). In other words, the petitioner is now required to answer the charges contained in Annexure-D. This interlocutory application has, therefore, been filed for permission to amend the writ petition accordingly, with the further permission to challenge the validity of the charge-sheet dated 15.12.2009. The amendment application is allowed, the statements made in this application shall form part of the writ petition, and the petitioner is permitted to challenge the validity of the charge-sheet dated 15.12.2009.

(3.) A brief statement of facts essential for the disposal of this writ petition may be indicated. Bihar Assembly elections were held towards the end off October 2005. The petitioner was then posted as Additional Director General of Police (Bihar Military Police), Patna. He was deputed to supervise election-related security, law and order, and deployment of force for the first phase of Assembly Elections scheduled to be held in October 2005, vide notification dt. 29.9.2005 (Annexure 1), issued by respondent No. 6. During the course of elections, one Vijay Prakash, a candidate sponsored by Rashtriya Janta Dal for 170 - Jamui Assembly Constituency, was arrested by Khaira Police Station on 18.10.2005. He was reportedly released from police custody on a bond of personal recognizance late in the night of 18-19.10.2005. Respondent No. 6 addressed his letter dated 19.10.2005 (Annexure 3), to the petitioner, the top of which noted "ELECTION TOP PRIORITY", whereby the following order was communicated to him: