NARENDRA KUMAR DHIRAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order of punishment of dismissal from service dtd. 10/5/2022, passed by the Superintendent of Police, Lakhisarai, as also the appellate order dtd. 25/7/2022, whereby and whereunder the Deputy Inspector General of Police (Personnel), Bihar, Patna has dismissed the appeal preferred by the petitioner. Lastly, the petitioner has challenged the order dtd. 21/3/2023, passed by the Director General of Police, Bihar, Patna, whereby the memorial filed by the petitioner has been dismissed.

(2.) The brief facts of the case, according to the petitioner, are that the petitioner joined as Constable on 13/5/1988 and was posted initially at District Force, Aurangabad, whereafter he was posted as Constable at various places and while he was posted in the Nalanda District in the year 1998, he was selected as the President, Bihar Police Men's Association, Nalanda Branch, Nalanda. Thereafter, also the petitioner had continued to be the office bearer/President of the Bihar Police Men's Association. In the year 2020 when the respondent no. 10 was appointed as Director General of Police, Bihar, Patna, in contravention to the law laid down by the Hon'ble Apex Court in a case bearing Writ Petition (C) No. 310 of 1996, the petitioner had filed a writ petition before the Hon'ble Supreme Court of India bearing Writ Petition (Civil) No. 001375 of 2021, inter alia, praying therein to quash the Notifications dtd. 22/9/2020, 19/12/2020 and 18/1/2021, issued by the State of Bihar, whereby and whereunder the respondent no. 10 had been appointed as the Director General of Police, Bihar, Patna. The Hon'ble Supreme Court of India had issued notice in the said writ petition filed by the petitioner, however, in the meanwhile the petitioner was subjected to raid/search by the Economic Offence Unit (hereinafter referred to as 'EOU'), at the behest of the respondent no. 10, by way of personal vendetta and revenge. In fact, the EOU had also conducted search at the house/residence of his six brothers, siblings and nephews. The EOU had then lodged an FIR dt. 20/9/2021, bearing Economic Offence Unit Police Station, Patna Case No. 18 of 2021. The petitioner was then suspended vide order dt. 25/10/2021 and a disciplinary proceeding was initiated against the petitioner by issuance of memo of charge, vide Lakhisarai District Order No. 266 of 2022 dtd. 26/3/2022, on the allegation that a criminal case has been instituted by the Economic Offence Unit against the petitioner, his brothers and nephew under Sec. 13(2) read with Sec. 13(1)(b) of the Prevention of Corruption Act, 1988 and the petitioner has amassed assets more than a sum of Rs.9,47,66,745.00 during his service period, disproportionate to his known/legal source of income.

(3.) The learned senior counsel for the petitioner has submitted that the petitioner had then filed his reply dtd. 2/4/2022, pointing out to the respondent authorities about the illegality prevailing in initiation of the disciplinary proceedings against him as also requesting for supply of evidence pertaining to the charges levelled against him, however, the conducting officer/enquiry officer without paying any heed to the request of the petitioner had issued order dtd. 29/3/2022, fixing 11/4/2022 as the date for appearance of the petitioner at Police Centre, Lakhisarai at 11:00 A.M., where the petitioner had appeared and raised objection regarding constitution of false charges and non-supply of documents vide letter dtd. 11/4/2022. On the same day i.e. on 11/4/2022, the Enquiry Officer had fixed the next date of hearing as 16/4/2022, despite the petitioner having requested for some time since he was suffering from back and spine problem and had been advised complete rest by the medical professional, leading to the petitioner not being able to appear before the Enquiry Officer on 16/4/2022, nonetheless, the Enquiry Officer had fixed the next date of hearing as 25/4/2022, despite the petitioner having again expressed his inability to appear before the Enquiry Officer on account of his illness. On 25/4/2022, the Enquiry Officer had fixed the next date of hearing as 9/5/2022, however, at the behest of the respondent no. 10, on the very next day i.e. 26/4/2022, the hearing of the disciplinary proceeding was preponed to 29/4/2022 and a letter to the said effect was sent belatedly to the petitioner, resulting in the petitioner being not able to appear before the Enquiry Officer.