RAM DHANI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 14.12.2002 (Annexure 6), passed by the Deputy Inspector General of Police, Magadh Range, Gaya, in the capacity of the appellate authority, whereby he has rejected the petitioner's appeal, and has upheld the order of punishment dt. 15.9.2001 (Annexure 4), passed by the Superintendent of Police, Aurangabad, whereby the petitioner has been dismissed from the services of the Bihar Government.

(2.) ACCORDING to the writ petition, the petitioner had joined the Bihar Police Force in 1988 as a Constable. While he was so posted in the Aurangabad Police Lines, he was served with charge -sheet dated 7.2.97 (Annexure 1), levelling five charges against him. He was subjected to a departmental proceeding in which he participated. The learned Enquiry Officer submitted his report. The petitioner was issued with second show -cause notice to which he had shown cause. On a consideration of the materials on record, the learned disciplinary authority passed the impugned order bearing memo No. 275, Aurangabad, dated 15.9.01 (Annexure 4), whereby he has been dismissed from service. The petitioner's appeal has been rejected by the impugned herein.

(3.) THE respondents have placed on record their counter affidavit. Learned Additional Advocate General No. III in his elaborate submissions has supported the impugned action.