AJAY KUMAR, S/O MOTI LAL SINGH Vs. STATE OF BIHAR; DIRECTOR GENERAL OF POLICE (D G P ) BIHAR, PATNA; DEPUTY INSPECTOR GENERAL OF POLICE, MAGADH RANGE, GAYA; SUPERINTENDENT OF POLICE JEHANABAD

JUDGEMENT

(1.) Delay in filing the memo of appeal is condoned. I.A. No.6486 of 2013 is, accordingly, disposed of. Heard Sri P.K. Shahi, learned Senior Counsel in support of the appeal and learned counsel for the State. This appeal is directed against the order dated 01.05.2013, passed by learned Single Judge in C.W.J.C. No. 6908 of 2013 (Ajay Kumar Vs. The State of Bihar and others) whereby the writ petition, filed by the appellant challenging the order of the Director General of Police refusing to interfere in the matter of punishment, was dismissed.

(2.) The facts are not in dispute. The writ petitioner- appellant was posted at Jehanabad. He was in police service. It was alleged that he left duty without prior leave or information. He carried his arms and ammunitions with him unauthorizedly. He, while returning to report for duty, allegedly got kidnapped and lost his arms and ammunitions to the kidnappers. His conduct led to departmental proceedings in which extreme punishment of dismissal was awarded by the Superintendent of Police, Jehanabad, which was affirmed in appeal and not interfered by the Director General-cum-Inspector General of Police in the memorial, filed. Against this, the writ petitioner-appellant filed writ petition, which was dismissed. He preferred letters patent appeal being L.P.A. No. 63 of 2006, which was substantially dismissed under order dated 05.12.2006 giving liberty to the writ petitioner-appellant to represent to the authorities in respect of proportionality of punishment. The effect thus is, so far as the guilt of the writ petitioner-appellant is concerned, that stands established. The only question would be of proportionality.

(3.) Accordingly, the writ petitioner- appellant moved the Director General of Police, who, noticing the facts aforesaid, refused to interfere in the matter of punishment. Learned Single Judge in the writ petition, challenging that order, noticing the facts, has refused to interfere.