RAGHU BANS AHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner Raghu Bans Ahir, seeks a writ, in the nature of-certiorari under Article 226 of the Constitution, to call up and to quash the order of his dismissal from the post of Dafa-dar passed by the Superintendent of Police, Sha-habad, on the 22nd April, 1955, an appeal against which to the District Magistrate, Shahabad, was rejected in limine on the 9th August, 1955.

(2.) Cause has been shown by the opposite party through Mr. Ray Paras Nath, the learned Government pleader, but no counter-affidavit has been filed by him.

(3.) Mr. N. C. Ghosh, appearing for the petitioner, has attacked the order of dismissal on three grounds; First, that the Superintendent of Police had no power to dismiss a Dafadar; Secondly, that the petitioner was not shown, nor given copies of nor was he given any opportunity of refusing the ex parte statements made by certain persons, against the petitioner, as mentioned in the report of the Deputy Superintendent of Police dated the 13th April, 1955 which formed the basis of the order of dismissal of the petitioner; and Thirdly, that the allegations that the peti-tioner was in close touch with Communist Daroga. Rai or that he committed "atrocities" were neither mentioned in the charge drawn up against the petitioner on the 28th October, 1953, by the Sub-Inspector of Police, Dawat Police Station, nor was the petitioner given the details thereof; nor was he given any opportunity to know and meet them.