SARJU PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether a criminal charge of substantive murder Under Sec. 302 of the Indian Penal Code involves moral turpitude or not is the somewhat enigmatic question before this Full Bench. Pointedly at issue is the correctness of the Division Bench Judgment in Adya Singh v/s. The State of Bihar and Ors. C.W.C.J. No. 1373 of 1974 decided on 19 -12 -74., holding somewhat vacillatingly that it does not.

(2.) The petitioner hails from Village Barhi Dih, and was employed as an Assistant Teacher in the Government Primary School, Hewai under the Keredari Block. On the 29th September, 1984, a first information report, Under Sec. 302 of the Indian Penal Code and allied offences, was recorded at the Barhi Police Station, pertaining to the murder of one Sarju Sao of Village Barhi Dih. The petitioner was arrested on that charge on the 12th of November, 1984, and, it was not till 3 months later, i.e. on the 12th of February, 1985, that he was enlarged on bail. On the 23rd of May, 1985, the petitioner was served with a charge sheet on two counts, namely, the murder of Sarju Sao of his native village and for remaining absent from the School without any prior information (vide Annexure ' 1'), to which he replied, Respondent No. 1, in the meantime, appointed Shree Jagannath Tripathy, Sub -Inspector Schools, Koderma (Respondent No. 2), as the Inquiry Officer for the departmental proceedings, and placed him under suspension, vide order dated the 21st March, 1986 (Annexure '3'). The petitioner makes some grievance of the delay in the realisation of the administrative proceedings, but the basic thncst of the petitioner is directed to the end that the charge of murder does not involve moral turpitude and, therefore, is beyond the pale of Rule 100 of the Bihar Service Code.

(3.) At the threshold stage of admission itself, reliance on behalf of the petitioner was placed on Adya Singh v/s. The State of Bihar and Ors. (supra) which in turn was seriously assailed on behalf of the respondent State. The petition was consequently admitted to hearing by a Full Bench.