BARMESHWAR DAYAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ petition has been filed challenging the order dated 5.11.1985 passed by Respondent No.3, the Deputy Inspector-General of Police, Central Range, Patna by which the punishment of dismissal from service was imposed upon the petitioner. On the basis of various charges a departmental proceeding was initiated against the petitioner, being Departmental Proceeding No. 28/77. The petitioner has made various averments in the writ petition to the effect that he is not guilty of the charges and he has been made a victim. Even though there is no counter affidavit to the averments made in the writ petition, this Court sitting in writ jurisdiction is not going into those question of facts.

(3.) Learned Counsel of the petitioner has contended that the imposition of penalty of dismissal against the petitioner by the Deputy Inspector General of Police, Respondent No.3 is violative of Police Manual, particular Rule 825 (c) of the said Manual. The said Rule 825 (c) of the Bihar Police Manual is set out below:-