KESHO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application under Article 226 of the Constitution the order of the Inspector General of Police. Bihar, dismissing the petitioner from service is under challenge. The petitioner was a police constable serving in Jamshedpur attached to Sita-gora Town Out-Post in the year 1959. On 7-12-1959, he was called upon to answer the following three charges of gross misconduct (Annexure A):

(2.) He, taking part of some of the gamblers, caught Kailash Bihari Lal and his companion Lakhan Kurmi on the same date in the evening from near Bara Dairy Farm assisted by C/495 Manohar Singh and others and detained the two persons at Sidgora T. O. P. till about 10 p. m. on 4-10-59 and assaulted them.

(3.) He failed to lodge or submit any report about his above acts to any of his superior officers." He gave his explanation and one Sri Mahmud Hussain conducted the departmental proceeding against him on 7-2-1960. Subsequently, the enquiry was conducted by one Sri Mangala Prasad. D. S. P., Jamshedpur. Witnesses were examined partly by Sri Md. Hussain and partly by Sri Mangala Prasad. Two of the important witnesses against the petitioner were (1) Gauri Shankar and (2) Kailash Bihari. The petitioner cross examined them but it was urged that he was very much handicapped in cross examining them because a copv of the original petition of Gauri Shankar on the basis of which the departmental proceeding had been initiated against him was not given to him. Hence on 2-1-1962, the petitioner filed an application (Annexure C) making the following prayer (see paragraph 8):