(1.) Petitioner was a constable appointed in the year 1983 but came to be dismissed based on the findings recorded in a departmental proceeding which had to be conducted in certain facts and circumstances which will be dealt with in detail subsequently. After the dismissal, the Petitioner filed an appeal which was rejected and so was his memorial before the I.G. The orders therefore under challenge are Annexures-4, 6 and 6/1 respectively.
(2.) The origin of the departmental proceeding was institution of a criminal case against the Petitioner which was registered as Barari P.S. Case No. 384 of 1989 dated 25.6.1989 under Sections 341, 365, 367, 379, 377, 511/34 of the Indian Penal Code. The allegation in the FIR was that the Petitioner was on duty in what is known as Combined Building at Bhagalpur. On the day of incidence he supposed to have gone to Bhagalpur Railway Station and brought one Pintu Kumar Verma along with two of his friends to the combined building. He took them up-stairs, snatched money and valuables available on Pintu Kumar Verma and also tried to sodomise him. When the matter came to the notice of the superiors they suspended the Petitioner and initiated a departmental enquiry on the set of charges contained in Annexure-5. It also emerges from record that the Petitioner was arrested, sent to jail and he was even tried by a criminal court but was acquitted in the facts and circumstances based on the material which was placed before learned Additional Sessions Judge, Bhagalpur. Order of trial court is Annexure-8 to the writ application.
(3.) The Respondents however proceeded against the Petitioner, conducted the enquiry and based on the findings in the enquiry, the order of punishment of dismissal came to be passed by the disciplinary authority, i.e. Superintendent of Police, Bhagalpur. The order of disciplinary authority is Annexure-4. As already noted above, the appeal of the Petitioner against the order of punishment and the memorial came to be rejected as well.