SHIVJI PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has filed this writ application for quashing the final order passed by the Commandant, B.M.P.-9, Jamalpur dated 27.10.2008 (part of Annexure-14) in the departmental proceeding (No.7/2007) terminating his services; order dated 11.5.2009 (part of Annexure-15) passed by the D.I.G., B.M.P. (North Zone), Muzaffarpur, dismissing his appeal and order dated 30.4.2010 (part of Annexure-16) passed by the D.G.P., Bihar rejecting his appeal memorial. He has further prayed for a direction to the respondents to restore his services with all consequential benefits. As per the pleadings, facts of the case are that when petitioner was posted as constable in Bihar Military Police (for short "B.M.P.) 9 Battalion, Jamalpur, he was asked by the Commandant, through his letter dated 26.4.2006 (Annexure-1), to submit his explanation as to why a proceeding under section 828(Ga) of the Bihar Police Manual be not initiated against him for his omissions and commissions in respect of submission of travelling allowance bills. Earlier petitioner had been issued one charge memo dated 13.4.2006 (Annexure-2) levelling charges of unnatural sexual activity, extortion of money from other constables, misleading seniors, indulging into forgery and indulging into politics of vote etc. and he was asked to show cause within 7 days, failing which the proposed proceeding was to be initiated. Yet another charge memo dated 29.8.2006 (Annexure-3) was served on him with charge of having prepared inflated T.A. bills of some constables enabling them to draw excess amount. Another charge memo, also dated 29.8.2006 (Annexure-4), was issued to him with charge of disrespectful conduct in front of the Company commandant. It is pleaded that he replied to all the charges in time, denying them, but no final orders were passed. Meanwhile, under orders dated 12.2.2007 (Annexure-5), petitioner along with others, was promoted to the rank of Hawaldar and, by order dated 26.2.2007 (Annexure-6), was transferred to B.M.P.-10 at Patna.

(2.) However, petitioner was not relieved immediately by the Commandant and a departmental proceeding (No.7/2007) was initiated against him and a charge memo, containing 5 charges, was served on him through memo no.128 dated 16.4.2007 (Annexure-8). Finally, by order no.994/2007 dated 14.8.2007 (Annexure-7), he was relieved and was issued "kamman? (marching orders) on 22.8.2007 (Annexure-7/1). In between this period, he was directed by the Inquiry Officer, through his order passed on 19.8.2007 (Annexure-7/2) to appear in the proceeding on the next date at Tarapur, which was fixed as 21.8.2007, as one witness was posted there on account of official work.

(3.) Finally, the Conducting Officer submitted his report on 15.8.2008 in which he found the petitioner guilty of the charges, and as such, he was asked by the Commandant B.M.P.-9, through his memo no.2794 dated 2.9.2008, to submit his second show cause (both annexure-13 series). Petitioner submitted his second show cause on 1.10.2008, but without looking to it final order was passed by the respondent no.5 (the commandant B.M.P.-9), vide memo no.3535 dated 28.10.2008, dismissing him from service (both Annexure-14 series).