INDUBHUSHAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

(2.) The present writ petition has been filed for quashing the order dtd. 29/3/2019, passed by the Commandant, BMP-4, Dumraon, Buxar, whereby and whereunder the petitioner has been dismissed from service as also for quashing the order dtd. 1/1/2020, passed by the Deputy Inspector General of Police, Military Police, Central Zone, Patna, by which the appeal filed by the petitioner has been rejected.

(3.) The brief facts of the case are that the petitioner was sent on deputation from BMP-4, Dumraon to the Office of Additional Director General, Military police, Bihar, Patna by command certificate dtd. 23/11/2016, whereafter the petitioner had proceeded for joining at Patna and for that purpose, when he reached Dumraon station to board Vibhuti Express, he found that the train had started moving, hence he had boarded the AC coach which was in front of him, however this act of the petitioner was protested by the Coach Attendant and he had misbehaved with the petitioner. The petitioner had then alighted at Arrah station for lodging a complaint but his complaint was not entertained and on the contrary, an F.I.R. was lodged against him bearing Arrah Rail PS case no. 112 of 2016 dtd. 23/11/2016 under Ss. 37(a)(b) of the Bihar Excise (Amendment) Act and Sec. 145 of the Railway Act.