ASHISH KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Letters Patent Appeal arises from the order dated

(3.) The petitioner-appellant was appointed as a Constable and joined on 07.06.2007 whereafter he was sent for training and, after completing the same, was posted initially at Pandarak Police Station from where he was transferred and was lastly posted on deputation with Quick Mobile in Patliputra Police Station. The Senior Superintendent of Police (Sr.S.P.), Patna firstly placed him under suspension vide Memo No. 12994 dated 02.10.2009, as contained in Annexure-1 to the Writ Application, because the petitioner-appellant was arrested on the said date in connection with Manjhaul P.S. Case No. 160/2009 under Sections 307 / 34 of the Indian Penal Code read with Section 27 of the Arms Act; later on, Section 302 IPC was added; vide Memo No. 13411 dated 10.10.2009 the petitioner-appellant was dismissed from service without holding an inquiry as contemplated by Clause (2) of Article 311 of the Constitution of India.