BAL KISHUN MOCHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the State.

(2.) PETITIONERS , at the relevant time, were constables in the Katihar Railway Police and were the members of the escorting party of Train No. 5819 Down. While, escorting the train, they are alleged to have indulged in unauthorized ticket checking in which they are alleged to have collected Rs. 450/ - and 264/ -which allegation was reported to by one of the victims, Ramdeo Mandal to the Incharge of the Escorting Party, namely, Assistant Sub -Inspector of Police, Sri Mahadeo Singh, who submitted his written report on the basis of which petitioners were placed under suspension and departmental proceeding was initiated against them by the Superintendent of Police, Railways, Katihar when he issued charge -sheet dated 10.9.1993 naming the witnesses and the exhibits, which were to be relied upon during the proceedings. The Enquiry Officer, having considered the evidence relied upon in support of the charge, submitted his report holding the petitioners guilty of the charges levelled against them, which was considered by the disciplinary authority who issued second show cause notice dated 28.2.1997 calling upon the petitioners to show cause within 15 days as to why they be not dismissed from service. In response thereto petitioners filed reply which is contained in Annexure -3 to their application. Disciplinary Authority having considered the same, dismissed petitioner Bal Kishun Mochi under orders, bearing Memo. No. 1270, dated 5.10.1999, Annexure -4 in CWJC No. 3544 of 2001 and petitioner Shiv Shanker Singh under orders, bearing Memo. No. 1629, dated 27.12.1999, Annexure -4 in CWJC No. 12673 of 2002. They assailed their dismissal order before the Appellate Authority and the appeal was dismissed vide order dated 19.4.2000, Annexure -5 in both the applications. Their memorial before the Director General -cum -lnspector General of Police was also dismissed under orders dated 9.11.2000 in the case of petitioner Bal Kishun Mochi, Annexure -6 in CWJC No. 3544 of 2001 and order dated 15.7.2002 in the case of petitioner Shiv Shanker Singh, Annexure -6 in CWJC No. 12673 of 2002.

(3.) THESE writ applications are, accordingly, disposed of.