RAM TAWEKYA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner a constable in the Bihar Police, has challenged the order dated 4.7.1992 passed by the Senior Superintendent of Police, Patna, dismissing him from service; the order dated 14.7.1993 passed by the Deputy Inspector General of Police (for short 'the D.I.G.') dismissing the appeal; the order passed by the Director General and Inspector General of Police (for short 'the D.G.P.') dated 11.7.1994 dismissing the Memorial filed by the petitioner and the subsequent order dated 13.2.1996 of the D.I.G., passed in terms of the order dated 22.5.1992 of this Court in C.W.J.C. No. 5457 of 1994, affirming the earlier order of dismissal. Copies of the said orders have been annexed as Annexures 2,3,4 and 9, respectively, to the writ application.

(2.) THE petitioner, at the relevant time, was posted as a constable. The allegation against him was that he along with his companions on 12.10.1991 robbed off three persons and on chase they were apprehended. The money, alleged to have been robbed off by them, was recovered from their possession.

(3.) THE petitioner and other two persons, whose services were also dismissed, challenged their orders of dismissal by filing three separate writ applications before this Court. The writ application filed by the petitioner was numbered as C.W.J.C. No. 5457 of 1994. All the three writ applications were disposed of by a common order dated 22.5.1995 by a learned single Judge of this Court. The points were urged in the said writ applications by the petitioner and others before the learned single Judge. The first point was that as the trial Court has acquitted the petitioner and others of the charges levelled against them, it was not open for the disciplinary authority to a pass an order of punishment with regard to the same charges. The second point was that a copy of the enquiry report was not furnished before passing the order of dismissal.