DHYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who was in Police Service and holding the post of Sub-Inspector is challenging the order of his dismissal passed by the Deputy Inspector General of Police (Eastern Range), Bhagalpur, communicated to the petition by his memo No. 2005 dated 14.10.1966 (Annexure '1') and the order of rejection of his memorial submitted to the State Government dated 31.1.1972 communicated to the petitioner by the. Assistant Inspector General of Police (Q), a copy of which is Annexure '2'.

(2.) In February, 1961 the petitioner was posted at Rajmahal Police Station in the district of Sahebganj. A departmental proceeding being No. 1 of 1964 was drawn up against him in relation to his working as Officer-in-charge of the aforesaid Police Station on 10.2.1961. The charges that were framed against him in the Said proceeding were of misconduct and taking bribe. The petitioner had obtained a search warrant from the Resident Magistrate of Rajmahal for searching the house of one Sk. Asad Ali residing within the jurisdiction of the aforesaid police station. As a result of search, 5 pieces of mild iron rods suspected to be stollen property were recovered and seized by the petitioner. It is said that he had arrested the aforesaid suspect but released him after taking a bribe of Rs. 290.00 and did not write any case diary nor did he send any report to the local Magistrate.

(3.) An enquiry was conducted by the Deputy Superintendent of Police (respondent No. 4) before whom seven witnesses were examined on behalf of the prosecution and four for the petitioner, besides a large number of documents were produced. On the Basis of the evidence he came to the conclusion that the petitioner was guilty of all the charges and recommended for a drastic action against him. A copy of his finding has been made Annexure '4' to the writ application.