VEER MANI KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows: - -

(2.) Mr. Shivendra Kishore, learned counsel appearing on behalf of the petitioner, while assailing the impugned order has basically concentrated on the aspect that the petitioner was appointed on 2.6.2013, and had completed the period of probation of one year, his dismissal from service could not have been made without following the mandate of Rule 828 of the Bihar Police Manual, which lays down that an order of dismissal can only be passed after holding regular departmental proceeding. He has, accordingly, also placed reliance on Appendix -49 of the Bihar Police Manual (Vol. 3) to contend that there being specific provision for holding of the departmental proceeding, the services of the petitioner could not have been dispensed with on the basis of show cause notice.

(3.) Mr. Sanjay Pandey, learned counsel appearing on behalf of the respondents, on the other hand has submitted that the petitioner had made a mis -representation and in fact was a party to fraud, inasmuch as, when he had sought his appointment in the Bihar Police on the post of Constable pursuant to Advertisement No. 1 of 2012, he had suppressed the information of his being accused in three criminal cases. To that extent, he has placed reliance on the appellate order, wherein, column No. 7 of the application form of the petitioner has been referred to and relied by the appellate authority for showing that when the petitioner had answered in negative (nahi), in response to specific information sought from the candidate including the petitioner as to whether he was made accused in criminal case that itself would go to show that the petitioner had obtained appointment by suppressing his criminal antecedent. Mr. Pandey, also relies on the judgment of the Apex Court in the case of Commissioner of Police, New Delhi & Another vs. Mehar Singh & Ors., reported in : (2013) 7 SCC 685 and Division Bench judgment of this Court in the case of Navin Kumar vs. The State of Bihar & Ors. reported in : 2015 (2) PLJR 739.