HARE KRISHNA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is a former police constable, who was dismissed from service after an ex-parte departmental enquiry by order dated 21-10-1987 as contained in Annexure-2 to the writ application.

(2.) The short question for consideration in this writ application is as to whether the order of dismissal is void and in-operative, being in contravention of Article 311(2) of the Constitution of India inasmuch has the petitioner was denied the opportunity to contest the departmental proceeding in breach of relevant police Manual Rules.

(3.) The petitioner was appointed as a constable in the year 1984 and was sent to police training School, Mathnagar in 1986 to undergo basis training. He left the training School without information/or permission from the higher Officer, as a result of which he was put under suspension and ordered to be sent to Jamshedpur where he bad initially joined The petitioner reported his arrival to Rail District Jamshedpur on 1-1-1987. The petitioner again on 21-7-1987 fled away without giving any information to his superior officer. According to the case of the petitioner he became mentally deranged while under going training. In that state of mental condition, he any how reached his village home Bariarpur which was 25 miles from the training School. His cognitive faculty was seriously impaired and he was incapable for knowing of the nature of act, he was doing. His family members took him to Kankey mental Hospital for treatment. On recovery, when he went to Jamshedpur to resume his duty, he was told that he has already been removed from service vide departmental proceeding No. 51/87 on the charge of un-authorised absence from duty. He was also informed that he had himself received a copy of the order of dismissal in 1987 some time after the order had been passed. As he was suffering from acute mental disorder during that period, he was not aware of the same. He obtained a copy of the order relatiug to his dismissal as contained in district Order No. 998/8 dated 21-10-1987 (Annexure-2).