LAWS(PAT)-2002-9-7

BALRAM JHA Vs. STATE OF BIHAR

Decided On September 10, 2002
BALRAM JHA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) PETITIONER was a Sepoy in B.M.P., V and in this writ application, prayer made by him is to quash the enquiry report dated 5.7.99, the order of disciplinary authority dated 9.10.99 (Annexure -8) whereby he has been dismissed from service and the order dated 7.11.2000 passed by the Deputy Inspector General of Police i.e. the appellate authority by which the appeal preferred against the order of the disciplinary authority has been dismissed.

(2.) SHORT facts giving rise to the present application are that the petitioner was appointed as Sepoy in the Bihar Military police on 1st of August,1988 and while he was working as Sepoy, a departmental proceeding was initiated against him. Allegation against him was that on 21.8.1997 by Command Certificate No. 559/62 he was sent to join &aposD&apos Company, which is at a distance of 5 K.M. but the petitioner, instead of joining there, deserted the force. Petitioner, by several letters sent to his home address, was directed to be present for duty but he did not appear. Ultimately a Sub Inspector of Police was sent to his residence and he brought the petitioner for duty on 4.4.98 i.e. after absence of 226 days. It was further alleged that again without any leave of permission he deserted the camp on 16.4.98 and then presented himself after 12 days on 28.4.98. It was also found that the petitioner had deserted the force nine times earlier. Plea of the petitioner was that he was mentally sick and was under treatment of psychiatric and, therefore, did not join the duty. The Enquiry Officer considered the plea of the petitioner regarding his mental sickness but did not accept the same and submitted the report dated 5.7.99 (Annexure -1) holding the petitioner guilty of misconduct.

(3.) IN this writ application prayer of the petitioner is to quash the enquiry report dated 5.7.99 (Annexure -1), order of the disciplinary authority dated 9.10.99 (Annexure -8) and the order of the appellate authority dated 7.11.2000 (Annexure -7).