RAMASHISH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The petitioner, a Havildar in the Police Service is aggrieved by his order of dismissal dated 28.2.2003, affirmed in Appeal by the D.I.G. on 8.2.2012 and the Memorial also dismissed on 8.2.2012 by the Director General of Police. The petitioner came earlier in C.W.J.C. No. 6713 of 2008 when his Memorial had remained pending.

(3.) Learned counsel for the petitioner urged that the departmental proceedings were held in a manner contrary to law. No evidence of any witness was led in support of the charge. The order of dismissal and that of the Appellate Authority were not speaking in nature disclosing application of mind. The punishment was serious in nature. Reliance was placed on S.Thankamani V/s. Greater Cochin Development Authority, 2009 Supp AIR(SC) 79 that an unreasoned order was reflective of arbitrariness and non-application of mind. The order was liable to be set aside on that ground alone.