NAND LAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for quashing the order of dismissal of the petitioner from service passed on 17-9-1985 (Annexure-11) by Respondent No. 4 as also for quashing the order passed by Respondent No. 3, rejecting the petitioners appeal, as contained in Annexure-18.

(2.) At the relevant time the petitioner was serving as officer-in-charge, Routa Police Station in the District of Purnea. On 25-2-1985, the petitioner was served with draft charge dated 31-12-1984 issued by Respondent no 5 containing, inter alia, three charges. The first charge was that in the night 5/0-11-1984, the petitioner was found in a drunken state in the room of the daughter of Suleman. He was in a civil dress but armed with Government revolver, ihe villagers after noticing the petitioner in a room with the daughter of Suleman, collected there and locked them from outside. An information was given to the Addl. Superintendent of Police and other officials on receiving such information the aforementioned officials arrived there and they unlocked the room and removed the petitioner along with the daughter of Suleman. The second charge was that in the night of 5-11-1984. the petitioner assaulted Md. Tazoddin and removed Rs. 3.000/- from his pocket. It is said that Tazuddin who is a business man had gone to Rauta Bazar in connection with his business. Md. Tazuddin made above mentioned allegation before the Addl. Superintendent of Police and recorded his statement. The third charge was that from the aforementioned two actions of the petitioner, the Police Department sustained great injuries to its prestige. The copy of the charge has been annexed with the writ petition and marked as Annexure-4.

(3.) The petitioner submitted his explanation and denied the charges. II was submitted that in the night of 5/6-11-1984 at about two hours the petitioner got confidential information that Jalil Mastan, a veteran criminal along with his associates were seen going from Nala towards the house of Chuni Bi, the daughter of Suleman. The petitioner apprehending that the criminals may commit such offence, recorded station diary and proceeded to the house of Chuni Bi. After deputing the dafadar and Chowkidar outside of the house of Chuni Bi, the petitioner entered the house to search the criminals. No sooner the criminals. Some of the villagers locked the room of the house from outside. In the aforementioned background, the petitioner submitted in his show cause that he was innocent and it was the gunda elements of the locality, who got him implicated.