JAY SHANKER PD.TRIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) PETITIONER , who is a constable, has filed this writ application praying, inter alia, to quash the order dated 4.3.2002, passed by the Superintendent of Police, Railways, Muzaffarpur, Annexure -2, whereunder he has been discharged from the post of Constable after conclusion of the Departmental Proceeding No. 41/2001 in the light of the findings contained in the report of the Enquiry Officer dated 16.11.2001. Petitioner has also assailed the appellate order dated 6.5.2002 passed by the Deputy Inspector General of Police, Railways, Patna, Annexure -3 and the order passed on the memorial by the Director General -cum -ln -spector General of Police, Bihar, Patna, dated 8.10.2004, Annexure -5.

(3.) DURING the inspection of the Sonepur Rail Police Station on 27.12.2000 the Deputy Superintendent of Police, Railways, Sonepur, Sri Bhudeo Tiwari noticed the confidential information recorded in the Station Diary Entry vide entry nos. 243 and 244 dated 11.12.2000, namely, the confidential information on the basis of which the Officer -in -Charge had gone to the barracks and had recovered Munni Khatoon and recorded her fardbeyan vide Station Diary Entry No. 244 dated 11.12.2000. The Deputy Superintendent of Police, Railways, Sonepur, Sri Bhudeo Tiwari further noticed the fact that in order to suppress the illegal/immoral act of the petitioner and constable 479, Om Prakash Singh, information regarding the entries made in the Station Diary bearing Nos. 243 and 244 dated 11.12.2000, were not forwarded either to his office or to the office of the Superintendent of Police, Railways, Muzaffarpur. The Deputy Superintendent of Police, Railways, Sonepur, Sri Bhudeo Tiwari, accordingly, under Memo No. 1181 of 2000 dated 27.12.2000, Annexure -F to the counter affidavit itself reported the matter to the Superintendent of Police Railways, Muzaffarpur, whereunder, copies of the Station Diary Entry Nos. 243 and 244 dated 11.12.2000 were also enclosed.