SHEIKH MASALAUDDIN SON OF LATE SHEIKH DOSTOGI Vs. THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Heard Mr. Rashid Izhar, learned counsel for the petitioner and Dr. Anil Kumar Upadhyaya, learned S.C.2 for the State.

(2.) The petitioner is aggrieved by the order dated 16.8.2013 bearing memo No. 1359 of the Inspector General of Police, Bhagalpur Circle, Bhagalpur whereby he has confirmed the order of dismissal passed by the Superintendent of Police, Begusarai bearing Memo No. 6188 dated 1.11.2007 as well as the appellate order dated 18.1.2008 of the Deputy Inspector General of Police, Munger as well as the appellate order dated 18.6.2008 earlier passed by him. The copies of the orders dated 1.11.2007, 18.1.2008, 18.6.2008 and 16.8.2013 are impugned at Annexures 6, 7, 8 and 10 respectively.

(3.) The facts leading to the impugned orders is not in dispute and it is on account of no less than 41 default by the petitioner which includes overstaying after expiry of leave period as well as absconding from duty that the order of dismissal has been passed. The petitioner came before this Court in C.W.J.C. No. 18520 of 2008 and a Bench of this Court vide judgment and order passed on 20.6.2013 did not choose to interfere with the orders of the penalty rather the matter was remitted for consideration on the quantum of punishment by the Inspector General of Police, Begusarai. The matter was reconsidered and the Inspector General of Police, Begusarai Range vide the order impugned dated 16.8.2013 has confirmed the order of dismissal not finding sufficient reasons to interfere therewith.