JALESHWARSAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is an Ex -Police Constable. He has been dismissed from service by the Superintendent of Police, Sitamarhi in Sitamarhi District Disciplinary Proceeding No. 67/92 vide District Order no. 478/ 96 dated 27.3.1996. The appeal and the memorial preferred by him having been rejected by the DIG of Police, Tirhut Range, Muzaffarpur and DGP Bihar by orders dated 23.5.96 and 27.11.98 he has approached this Court for quashing the impugned orders and grant of consequential benefits.

(2.) THE charge against the petitioner was that during his deputation with Sri Ram Jiwan Prasad, an MLA, as his Bodyguard, on 2.4.92 at 8 PM without any reason and order of the MLA, he entered into altercation with one Pappu Thakur of Village Naranga, PS Bela, District Sitamarhi and in course of altercation fired shots at him from his service revolver which caused his death. It may be mentioned here itself that the occurrence led to Bela PS Case No. 10/92 under Sections 302, 201/34 of the Penal Code and Section 27 of the Arms Act against the petitioner. In course of time chargesheet was submitted against him and he was put on trial.

(3.) IT is unnecessary to refer to the other parts of the written statement. However without intending to prejudice the petitioner 'sdefence in the criminal case it may be stated that from the record of the enquiry proceeding, which was produced by the State Counsel for perusal, it appears that the deceased had sustained three gun shot injuries besides one abrasion which prima facie would appear to be inconsistent with his defence in the written statement.