ANIL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner wants quashing of the order dated 26.4.1995 contained in Annexure-4 by virtue of which the Commandant, Bihar Military Police No.8 has passed the order of discharge from service against the petitioner. The said order came to be affirmed in appeal by D.I.G. in his order dated 30.12.1995 which is Annexure-5 and rejection of the memorial by Inspector General of Police vide order dated 1.4.1997 contained in Annexure-13.

(2.) Petitioner raises a legal objection and question with regard to the punishment order and consequential orders thereto. One of the primary submission is that the enquiry officer did not find the petitioner guilty of one of the charges but despite the said finding the disciplinary authority by recording the order of disagreement imposed punishment of discharge and that too without the reasons or material for the same. He further issued a composite notice of disagreement and second show cause illegally.

(3.) Two charges were brought against the petitioner. One that he absented from the camp from 14.00 hours on 7.9.1992 and reported back to the camp on 8.9.1992 at 13.30 hours. This absence was without proper authorization and permission. The other charge was that the petitioner tried to establish an illicit relation with one Pushpa Devi and such act of the petitioner had created law and order issue with the villagers.