JAI LAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner was one of the Choukidars who was working in Circle No. 4 at Jandaha Police Station in the district of Vaishali. On 21st January, 1985 two criminals were caught and handed over to petitioner by local villagers to be taken to the police station. Two other Choukidars had also joined the petitioner. But the allegation is that instead of taking the criminals to the police station they allowed the criminals to flee.

(2.) From the pleading it emerges that the Superintendent of Police did not take the matter lightly and a kind of enquiry was held. Based on the reply to the show cause offered by the petitioner, the petitioner was dismissed from service by the Superintendent of Police, Vaishali on 14th May, 1985.

(3.) One Prahladi Paswan who was punished similarly came before this Court in a writ application which is CWJC No. 4182 of 1989. His writ was allowed vide order dated 10.1.1997 on the ground that in absence of any proper enquiry the order of dismissal could not be passed. So far this petitioner is concerned there is no indication about his taking any remedial measure against the order of punishment. The first indication that he wanted to challenge the order of dismissal is now available by way of Annexure-3. He filed an appeal before the Collector which was registered as Misc. Case No. 41/97/98. The appeal was heard and dismissed by the Collector vide order dated 11.10.2003, Thereafter the present writ application has been filed challenging not only the dismissal order passed on 14.5.1985 but even the order passed in appeal.