ZAFARULLAH KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents through video conference.

(2.) The present writ petition has been filed "for quashing the order dtd. 5/5/2016 passed in departmental proceeding no. 130/2014 by Deputy Inspector General Central Zone, Patna communicated vide memo no. 2076 dtd. 19/5/2016 by the Superintendent of Police, Nalanda by which petitioner has been dismissed from service and salary for suspension period has been withheld; and further for quashing of memo no. 1818 dtd. 12/7/2016 passed by Inspector General of Police (Appellate Authority) by which the departmental Appeal of the petitioner has been dismissed".

(3.) The short facts of the case according to the petitioner are that while he was posted as Sub-Inspector of Police, Vigilance in Town Thana, Biharsharif, Vigilance P.S. Case No. 66/2014 dtd. 23/9/2014 was instituted as he was caught red handed accepting a bribe of Rs.2,000.00 from the complainant Parwez Ahmed. A departmental proceeding was initiated while the petitioner was in judicial custody between 23/9/2014 and 13/1/2015. The petitioner appeared before the Enquiry Officer and requested for supply of the articles of charge, list of proposed witnesses to be examined and other documents. Thereafter, he filed his show-cause on 29/4/2015 but however the departmental proceeding was concluded and an order of punishment was passed by the D.I.G., Central Zone, Patna vide Memo No. 94 dtd. 5/5/2016 dismissing the petitioner from service. The petitioner then filed a memo of appeal before the Inspector General of Police, Patna Central Zone which was also dismissed.