VIJAY KUMAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Lalan Kumar Singh, learned counsel for the petitioners, Mr. Prabhat Kumar Verma, Sr. Advocate and Mr.Nand Kumar Singh learned counsel for the Corporation and Mr. Kameshwar Prasad Gupta for the State.

(2.) The petitioners are aggrieved by the punishment order bearing memo No. 174 dated 22.3.2003 passed by the Administrator, Bihar State Road Transport Corporation (hereinafter referred to as the 'Corporation') whereby the petitioners have been visited with the penalty of removal from service. A copy of such order is impugned at Annexure-7 to the writ petition. The petitioners also question the order bearing memo No. 1572 dated 15.3.2011 whereby the punishment order has been confirmed on review by disciplinary authority.

(3.) Facts of the case lie in a very narrow compass. The two petitioners herein are Security Guard and have been charged by the Security Hawaldar Jineshwar Yadav of attempted theft by cutting aluminium sheet from a vehicle bearing No. BPI-287 having dimension of 8 ft. x 3 ft. A copy of the charge memo is present at Annexure-2.The charge led to institution of a criminal case giving rise to Gardanibagh P.S. Case No. 546 of 1999 registered for the offence punishable under Sections 461, 411 and 379 of the Indian Penal Code and along side a departmental proceeding was also initiated upon service of the charge memo as stated above, vide Annexure-2. The Enquiry Officer submitted his report, a copy of which has been placed on record vide Annexure-A to the counter affidavit filed by the Corporation holding the petitioner guilty of the charges and which led to the passing of the order of penalty by the Administrator, a copy of which is impugned at Annexure-7 to the writ petition imposing a penalty of removal from service vide order bearing Memo No. 3142 dated 17.7.2003.