VIJAY PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE writ petition was allowed earlier but on Intra-Court appeal the judgment of the learned Single Judge was set aside and the matter was remanded for fresh hearing on new issue.

(2.) THE petitioner was a constable under the police service in the State. He was proceeded in a departmental proceedings. After enquiry, he was dismissed from service vide order dated 15.10.1979 issued by the Commandant, Bihar Military Police (B.M.P.)-6, Muzaffarpur. The order was not interfered with in appeal or in the memorial that was preferred by the petitioner. The charge against the petitioner was that while posted as a constable under B.M.P.-6, Muzaffarpur, a police case, being Siwan Town P.S. Case No.3 dated 03.03.1989, was lodged against him. It was alleged that in the day the petitioner when come from the police station to the market for some purchase, he went straight way to a toddy shop and got drunk. He had some altercation with small vendor selling "Bhuja". He stepped him to death. The town people immediately surrounded him and he was beaten up in drunken and semi-conscious state and injured. He was deposited in the police station. In the departmental proceeding, the Inquiry Officer found that there was material at that stage to hold him guilty of murder but did not find him guilty of being drunk. Upon the enquiry report being submitted, the disciplinary authority held that so far as the charge of murder is concerned, the proceedings would abide by the results of the criminal case but other charges being proved, he ordered dismissal which as noted above was not interfered with.

(3.) NOW , on remand learned counsel for the petitioner once again submits that once petitioner was acquitted in the criminal case, it cannot be case that there was any material against him to establish the charges in the disciplinary proceedings. He states that this submission is different from that made earlier. No other issues have been raised by the counsel for the petitioner.