DEEP NARAYAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Petitioner was appointed as a constable in the year 1983. On 30.12.1993 he was issued a command for his deployment at Tehta Out Post for law and order duty but instead of reporting and joining the said Out Post, he absconded for 393 days and reported for duty only on 27.1.1995. Petitioner came to be proceeded against departmentally and with the finding of the Petitioner absconding from duty for 393 days, the order of punishment in the shape of dismissal from service came to be passed. The said order is Annexure-6 to the writ application. Even his appeal and memorial contained in Annexures-7 and r stood rejected.

(3.) Petitioner challenged all these orders in the present writ application primarily on the ground that Rule 843 of the Bihar Police Manual had not been followed in the sense that the authority did not get a local enquiry held by local Superintendent of Police/Commandant from where the Petitioner belongs and in absence of such an enquiry the holding of departmental enquiry and the order of dismissal has to be declared to be in breach of such a provision and therefore interference is warranted.