SITARAM PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner held the post of Enforcement Sub Inspector in the Department of Transport, Government of Bihar. He was dismissed from service by order dated 6.2.2001 (Annexure -5) passed by the Transport Commissioner. His dismissal from service, though on grievous charges was ordered by the Transport Commissioner without holding an enquiry in the charges against him, in terms of proviso (b) to Article 311(2) of the Constitution. The. order of dismissal gives the details of the charges against the petitioner and the circumstances in which the Transport Commissioner found that it would not be possible to hold the enquiry.

(2.) THIS writ petition has been filed challenging that order. But before proceeding to examine the points on which the validity of the order is questioned, it would be appropriate to take note of certain facts which are admitted or which in any event can not be disputed.

(3.) ON 18.1.2001 at 6.30 P.M. while the Transport Commissioner was in the midst of a departmental meeting in his chamber at the Secretariat, a group of persons led by a certain Anirudh Prasad @ Sadhu Yadav, Member, Legislative Council forced their entry into the chamber. The MLC happens to be the own brother of the Chief Minister and the brother -in -law of the President of the party in power in the State. His men were armed and his two security guards were carrying high fire -power AK -47 assault rifles. They disrupted the meeting and forced everyone except the Transport Commissioner to leave his chamber. The door of the chamber was closed from inside and then at gun -point the Transport Commissioner was forced to put his signature to an order transferring the petitioner back to Gopalganj on his return from leave on 31.1.2001. A copy of that order was also shown to have been issued along with a memo of that date and the copy of the order was received by one of the members of the unlawful assembly. In the impugned order it is stated that the entire episode took place at the instance of the petitioner and in order to have him sent back to Gopalganj as desired by him.