NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 6.5.2004 passed by the learned Single Judge dismissing the writ application being CWJC No. 1003 of 1999 filed by the appellant challenging the order of compulsory retirement by way of punishment in terms of Rule 824 (c) of the Bihar Police Manual.

(2.) THE facts which are not in dispute is that in 1993 the appellant was deputed at Pihra out post in the district of Giridih. One Shubh Kant Jha was also posted there. On 16.11.1993 altercation took place between them with regard to playing Radio, as a result of which there was scuffle and Shubh Kant Jha sustained injury. On the written report given by Shubh Kant Jha, Sadar Giridih P.S. Case No. 45 of 1993 dated 22.11.1993 was lodged in which chargesheet was submitted and during trial the appellant was discharged. The appellant was placed under suspension and departmental proceeding was initiated in which after conclusion of the departmental proceeding the allegations were proved and order for compulsory retirement was passed under the aforesaid provision of the Bihar Police Manual which was upheld in appeal and memorial filed by the appellant has also been dismissed.

(3.) LEARNED counsel appearing for the appellant, however, submitted that the punishment awarded to the appellant is shockingly disproportionate for the reason that the occurrence took place suddenly as a result of altercation between the appellant and the companion with regard to playing radio. No action has been taken against Shubh Kant Jha. It is not the case where there is deliberate allegation of any assault. Learned counsel for the State on the other hand submitted that the appellant is a member of disciplined force and once he has assaulted his colleague, the punishment awarded to him is legal and valid.