GURU DEO RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) The petitioner has challenged the order dated 4.9.2001(Annexure-6) of the S.P., Katihar, withholding the increment of two years and the order dated 23.12.2002 (Annexure-7) of the D.I.G., Purnea by which he has confirmed the order of the S.P. and for other consequential benefits.

(3.) The petitioner, a constable, was charged by charge Memo dated 28.4.1995 (Annexure-1) with serious indiscipline and deriliction of duty and in subordination. The charge was that on 28.1.1995 the named accused Shiv Narayan Rajak of Falka P.S. Case No. 1/95 date 3.1.1995 under Sections 341/324/323/34 of the Indian Penal Code was taken into custody in pothia O.P. when the petitioner returned to the O.P. from his work outside on finding the said accused who was his relation having been put in Hajat be started abusing the In charge of the O.P. Chowkidar and Dafadar and took out his bhale from his government residence and further started abusing them. The said officers alongwith villagers, however, brought the matter under control. On the basis of the said charges a departmental proceeding was initiated and three witnesses were examined. The petitioner's case is that one of the witnesses, P.W.1, Ram Pravesh Dubey, was examined without notice to him and even copy of the statement was not supplied to him nor he was permitted to cross-examine the said witness. The.further case of the petitioner is that after the conclusion of the prosecution case he was not given any intimation to adduce evidence in order to examine defence witness. Even the copy of the enquiry report thereafter was not supplied to him although he was found guilty of the charges by the enquiry officer.