AMRENDRA NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner was a constable appointed on 30.10.1986 under Bihar Military Police (BMP). For certain charges of serious misconduct a departmental proceeding was initiated and enquiry held. Based on the evidence and finding of guilt, Petitioner was served second show cause by the disciplinary authority and order of dismissal dated 22.10.2001 came to be passed by the Commandant which is Annexure-4 to the writ application. The appeal of the Petitioner against the said order has also been dismissed by the D.I.G. of Police vide, his order dated 15.2.2003 (Annexure-6) and finally even his memorial has been rejected by D.G. -cum-I.G. of Police. The said order is Annexure-7 to the writ application. Petitioner wants quashing of these orders and his reinstatement vide the present writ application.

(2.) The fact behind initiation of the departmental proceeding is that B Company was deployed in the district of Jehanabad and the Company was on picket duty. On 1st March, 2001, in the evening the Petitioner alongwith one Bindeshwar Singh went out of the camp on the pretext of having some tea. He came back in drunken state and started misbehaving with Hawildar Sachidanand Yadav. Thereafter he got into a fight without any provocation with one constable Manoj Kumar Singh. Other jawans and officers intervened and the matter was supposedly sorted out. But it was not so. The Petitioner on pretext of trying to talk to Bindeshwar Singh took him inside the camp to the guard room, pulled out his rifle and fired five rounds in the air. Thereafter he stepped out. He challenged constable Manoj Kumar Singh and he is alleged to have fired seven rounds again from the rifle. It was after much effort and sagacity of other members of the camp that the Petitioner was made to surrender.

(3.) The incidence was reported to the Officer Incharge of Sakurabad Police Station who came to the camp with a medical officer who examined the Petitioner and certified that he was under the influence of liquor.