LALDHAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and the State.

(2.) Petitioner's prayer is for quashing the dismissal order, dated 20.05.1996, passed by the Inspector General of Police, Tirhut Range, Muzaffarpur, while disposing of appeal, preferred by the Petitioner against the punishment, awarded in a Disciplinary Proceeding. The impugned order has been challenged by the Petitioner on the ground that without observing the direction of the High Court, dated 12.01.1996, in C.W.J.C. No. 7425 of 1989, the Respondent, Appellate Authority, has affirmed the dismissal order. Further prayer of the Petitioner is for a direction to Respondents to treat him in service, giving all consequential benefits in accordance with law.

(3.) Petitioner was posted at Chapra as Constable in the year 1978, when in course of investigation of Bhagwan Bazar P. S. Case No. 19 (11) of 1978, he was made an accused for the offence punishable under Section 395 and 364(A) of the Indian Penal Code. F.I.R. was against unknown, in course of investigation, Petitioner was arrested on suspicion. He was put on Test Identification Parade and identified by the informant. On the basis of his confessional statement, looted money was also recovered. The Trial Court convicted the Petitioner in Sessions Trial No. 7 of 1979 under Section 395 of the Indian Penal Code. However, Criminal Appeal No. 650 of 1981, preferred by the Petitioner was heard along with Criminal Appeal No. 589 of 1981, preferred by another co-accused. The conviction and sentence of other Appellants were maintained, but in case of the Petitioner, though conviction was affirmed but so far sentence is concerned, he was awarded benefit of Section 4 of the Probation of Offenders Act (hereinafter referred to as "Act" for short), so that he may continue his job and may not lose his service. The benefit of Section 4 of the Act was granted to the Petitioner, considering that he was in Government Service at the relevant time.