SIDHESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Shorn of unnecessary details, short facts relevant for determination of this Court in the present application are that on the allegation of certain misconduct a disciplinary proceeding was initiated against the petitioner which culminated into passing of an order of dismissal from service dated 29.02.2008, by the Disciplinary Authority. The petitioner's appeal before the Appellate Authority and mercy petition before the Director General of Police, Bihar were also rejected.

(2.) The petitioner, at the relevant point of time, was posted in Patna Rail Police. A complain that he was demanding illegal money for allowing passengers to board a train, was the basis for initiating the said disciplinary proceeding against him. Aggrieved by the decision of the Disciplinary Authority, Appellate Authority and the order passed by the Director General of Police, Bihar the petitioner had earlier approached this Court by filing writ petition giving rise to CWJC No. 9438 of 2011. The writ petition was partly allowed by an order dated 10.12.2013 in following terms :-

(3.) It is evident from the observation made by this Court in the order dated 10.12.2013 that in the Court's opinion the charge of demanding money could not be proved against the petitioner. The matter was remanded back to the Disciplinary Authority for consideration on quantum of punishment. This Court had pointed out that it would be open for the respondents to inflict any punishment including one of the compulsory retirement. The Court had further ordered that the position existing immediately prior to dismissal order would stand restored.