UDAY SHANKAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed by the sole petitioner, inter alia, for quashing the Office Order 405/82 dated September 17, 1982 passed by the Respondent No. 2, Deputy Inspector General of Police (C.I.D.) which has been communicated to the petitioner under Memo No. 2433 dated September 30, 1982 and has been filed as Annexure-7 to the writ application. By this order, on certain charges levelled against the petitioner he has been punished with the forfeiture of the two increments under Rule 828(C) of the Bihar Police Manual, 1971.

(2.) At the material time the petitioner was posted as a Constable driver in the Vigilance Cell under the Bihar State Electricity Board. Being persuaded by certain allegations Respondent No. 3 i.e., D.I.G. Police directed the petitioner to hand over the charge of the vehicle W.M.C. 215 to another Constable driver, namely, Vishwanath Singh. Thereafter, on April 15, 1982 the petitioner was served with a show cause notice issued by the respondent Superintendent of Police to show cause as to why appropriate disciplinary action be not taken against him since there were some serious discrepancies in the mile metre of the vehicle W.M.C. 215 which was put under his charge. Though the petitioner filed his show cause before the respondent Superintendent of Police, he did not proceed any further in the matter. Petitioner was served with another show cause notice issued by respondent No. 3 on certain charges relating to mile metre of the said vehicle and requiring him to show cause as to why his increments be not forfeited. Under the provisions of the said Rule 828(c) the petitioner filed his show cause.

(3.) It has been asserted in the writ application by the petitioner that subsequent to the filing of his show cause certain enquiries were held behind his back and after taking into account the materials collected during those enquiries he has been subjected to punishment as is evident from the impugned order (Annexure-7).