RAMESHWAR PRASAD SINGH DEO Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application under Arts. 226 and 227 of the Constitution, the petitioner has prayed for quashing annexure 23, the order dated 18-8-1975 passed by the Deputy Inspector General of Police, Southern Range, Ranchi, respondent No. 2 dismissing the petitioner from service and annexure 27, the order dated 9-10-1978 passed by the Inspector General of Police, Bihar, respondent No. 1 confirming the order of respondent No. 3.

(2.) The petitioner started his career as a Sub-Inspector of Police. During his service on 29-1-1956, a punishment of one black mark as provided under the Bihar & Orissa Police Manual (the Manual) was awarded to the petitioner in a departmental proceeding. On 26-4-1956 the disciplinary authority stopped the increment of the petitioner for six months which is equivalent lo one black mark. On 7-6-1956, the petitioner was awarded two black marks in different proceedings. On 7-6-1956 the petitioner was again awarded one black mark in another departmental proceeding. One black mark on 11-6-1956 was awarded to the petitioner. The petitioner was awarded one black mark on 3-9-1959, one black mark on 8-6-1970 and one black mark on 2-12-1970 but in appeal the appellate authority set aside the order of awarding the black mark to the petitioner in respect of the order dated 2-12-1970, the order of the appellate authority is annexure 8. On 9-9-1971 in a departmental proceeding, the disciplinary authority ordered for forfeiture of the two past increments of the petitioner which amounted to three black marks as provided under the Manual. The order dated 9-9-1971 was communicated to the petitioner on 5-12-1971. The petitioner filed an appeal to the appellate authority on 10-3-1972. By order dated 12-6-1972 the appellate authority set aside the order dated 9-9-1971, annexure 9 and remanded the case with certain direction and for passing a fresh order. The order of the appellate authority is annexure 10. Meanwhile on 6-12-1971 a chargesheet was issued to the petitioner to show cause against the charges enumerated therein which is annexure 14 to the application. The petitioner filed show cause to the charges. The disciplinary authority not being satisfied with the show cause of the petitioner directed the same to be enquired, into. After enquiry, the enquiry officer submitted its report finding the petitioner guilty of the charges; the report is annexure 21. The disciplinary authority accepted the report and passed the impugned order as contained in annexure 23 which was confirmed in appeal by annexure 27.

(3.) Several points were urged on behalf of the petitioner challenging the legality of the orders as contained in annexure 23 and 27. However, since the petitioner succeeds on first two points framed on his behalf, I am not applying my mind to the other points raised on behalf of the petitioner. The two points which will be considered are :