JITENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed against the order of 12 August, 2003 on C.W.J.C. No. 1960 of 2003 : Jitendra Singh vs. The State of Bihar and Ors.

(2.) THE petitioner is a constable. After a departmental inquiry he was dsmissed. In the writ petition his contention was that he was not given a show cause and, thus, was denied hearing at the departmental inquiry and that the departmental inquiry is vitiated. He further contended that the criminal action against him stood dismissed and there was no reason why the departmental inquiry was also not consigned. In so far as the criminal action is concerned, the petitioner, the record shows, received benefit of the doubt.

(3.) AFTER perusing the counter affidavit the Court put questions to learned counsel for the petitioner whether it was correct that the petitioner was in the house where Supta Mukherjee was within and Dr. Ajoy Ghosh and his wife Asha Ghose were also present, he was arrested at the spot and that he is a constable, the answer to these questions were in the affirmative.