LAWS(PAT)-2012-2-20

NARENDRA KUMAR JHA ALIAS NARENDRA JHA SON OF SRI BHALCHANDRA JHA Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT OF BIHAR

Decided On February 06, 2012
NARENDRA KUMAR JHA @ NARENDRA JHA SON OF SRI BHALCHANDRA JHA, RESIDENT OF VILLAGE KATAIYA, P.S.BENIPATTI DISTRICT MADHUBANI. Appellant
V/S
STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, Respondents

JUDGEMENT

(1.) IN this case petitioner has basically challenged the order of dismissal passed by the Superintendent of Police, Samastipur dated 28 th September 1995 (Annexure-4) and on appeal, the same was rejected by the Deputy INspector General of Police, vide order dated 9th September 1996 (Annexure-5) and the Director General of Police affirmed both orders while rejecting the memorial of petitioner vide order dated 25th September 1998 (Annexure-6).

(2.) DURING the relevant period, petitioner was posted at Narhan Bazar in the district of Samastipur and he was charge-sheeted for his grave misconduct vide charge-sheet dated 13th September 1989 (Annexure-1). In the charge-sheet, the basic charges were as follows:

(3.) LEARNED counsel for the State has disputed the argument and stated that the petitioner being in Police service was required to maintain the law and order and safety of persons, instead he for a petty matter picked the dispute with lady, committed such a grave conduct of firing from his service rifle causing injury to innocent person also killed one person which is a grave misconduct. He further submitted that if such a Police constable if allowed to continue in service, public at large will lose their faith in Police and, as such, he does not deserve any sympathy.