DANIAL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Feeling aggrieved by the order dated 21 st Sept. 2011 made by the learned single Judge in C.W.J.C. No. 11701 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

(2.) The appellant, a Sub Inspector of Police in the erstwhile State of Bihar, on formation of the State of Jharkhand, came to be allotted to the State of Jharkhand. While the appellant was in service in the larger State of Bihar, a disciplinary proceeding was initiated against him in the month of May 1999 in respect of an act of misconduct allegedly committed in 1998. Pursuant to the finding of guilt in the said enquiry, by order dated 26th Dec. 2002 made by the Senior Superintendent of Police, Patna, the appellant was visited with punishment of withholding of one increment without future effect. However, his accomplice in the misconduct, one Arun Kumar Singh, was, for the same incidence of misconduct, visited with punishment of dismissal from service. The said order was challenged by the said Arun Kumar Singh before this Court in C.W.J.C. No. 942 of 2004. By judgment and order dated 17th Jan. 2008 passed by this Court, the said C.W.J.C. No. 942 of 2004 filed by the aforesaid Arun Kumar Singh was dismissed. In answer to the question of equality raised by the said Arun Kumar Singh vis-avis the appellant, this Court observed, "If the proceedings have been completed and the accomplice of the petitioner has had the benefit of the same this Court requires the respondents to re-examine the matter in the light of the order of this Court and the findings arrived at herein after issuance of notice to the concerned delinquent and hearing him."

(3.) Since the aforesaid order of punishment, pursuant to the formation of the State of Jharkhand, the appellant was allotted to the State of Jharkhand. In view of the aforesaid direction issued by this Court on 17th Jan. 2008, the said order of punishment was reviewed by the Director General and Inspector General of Police, Jharkhand. Pursuant to the said review, by order dated 13th July 2009 made by the Director General and Inspector General of Police, Jharkhand, the appellant has been ordered to be dismissed from service. It is the said order of dismissal from service which was challenged by the appellant in above C.W.J.C. No. 11701 of 2011 filed under Art. 226 of the Constitution.