SHYAM DEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) As per pleadings in the writ application particularly with reference to paragraph-1, quashing of Annexure-3 has been sought. Annexure-3 is the order dated 17.11.1998, whereby the disciplinary authority i.e. the Senior Superintendent of Police, Patna maintained the earlier order of discharge of the petitioner. This order dated 17.11.1998 was passed on remand by this Court to reconsider the quantum of punishment, keeping in mind the gravity of charge. Annexure-3, quashing of which has sought in the writ application has already been quashed by the order dated 28.1.2002 passed by this Court in CWJC No. 7209 of 2000 (Annexure-5). This Court while quashing the order dated 17.11.1998 had remanded the matter back again to the Senior Superintendent of Police, Patna to reconsider the matter on the question of quantum of sentence. Pursuant to this order dated 28.1.2002 ( Annexure-5), the Senior Superintendent of Police, Patna has passed the order dated 26.3.2002 ( Annexure-6), again maintaining the order of discharge passed earlier against the petitioner. I, thus, find an error, clerical in nature, in paragraph-1 of the writ application in which instead of Annexure-6, Annexure-3 has been mentioned and I mould the relief prayed for by the petitioner by treating this writ application for quashing of Annexure-6 dated 26.3.2002, in view of the pleadings in the writ application as also the facts and circumstances of the case.

(2.) The petitioner was a constable in Patna District Police. He was charged of remaining absent for 22 days unauthorizedly without any permission from the higher authorities. A departmental proceeding was initiated as regards the aforesaid charge against the petitioner and a conducting officer was appointed. The conducting Officer submitted his report holding the petitioner guilty of the charge. In course of the said domestic enquiry the petitioner is said to have not participated. On the basis of the report of Conducting Officer, the Senior Superintendent of Police, Patna the disciplinary authority vide his order dated 17.3.1987 discharged the petitioner from service for his unauthorized absence for 22 days.

(3.) The said order dated 17.3.1987 was challenged before this Court by the petitioner vide CWJC No. 6012 of 1992. This Court disposed of the writ application by an order dated 6.8.1998 and held punishment to be shocking to the conscience of the Court and remanded the matter back to the disciplinary authority, i.e. Sr. Superintendent of Police, Patna to reconsider the quantum of punishment imposed upon the petitioner. The said order dated 6.8.1998 passed by this Court is Shyamdeo Singh Vs. State of Bihar & ors,1998 3 PLJR 369. For quick reference paragraphs 16 and 17 of the said judgment are quoted hereinbelow as the observations and direction have bearing on the adjudication of the present writ application: