RAMSAKHA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who was Sub -Inspector of Police under the Respondents -State has been reduced to the lower post of Assistant Sub -Inspector of Police for three years by way of punishment, vide impugned order dated 27th September, 1995, passed by Deputy Inspector General of Police, Darbhanga Range, Darbhanga in Departmental Proceeding No. 22/94. The said order of punishment is under challenge in this case.

(2.) IT is not necessary to go into the detailed facts of the case, except the relevant one, as the writ petition is being disposed of on a short point.

(3.) ADMITTEDLY , the disciplinary authority of the rank of Sub -Inspector of Police, the post which the petitioner was holding, is an officer of the rank of D.I.G. While the petitioner was performing duty as Sub -Inspector of Police, some sort of complaint was made by one Reporter, Shri Radheyshyam Thakur relating to supply of illegal 'KHAIR' by two trucks. On that basis, it was alleged that the petitioner inspite of such intimation had not acted and in collusion with such persons, left the two trucks loaded with 'KHAIR'. On such allegation, a Departmental Proceeding No.22/94 was initiated against the petitioner by District Order No. 376/94 dated 22nd March, 1994. Charge sheet was issued by the Superintendent of Police, Darbhanga. The said Superintendent of Police, Darbhanga conducted the case as an Enquiry Officer. The petitioner filed show cause reply denying the charges. After enquiry, the Superintendent of Police, Darbhanga submitted his report and held that the charge stood proved against the petitioner. The petitioner was thereafter provided with second show cause notice and after going through the reply submitted by him, the Respondent D.I.G., Darbhanga Range, Darbhanga came out with the impugned order of punishment dated 27th September, 1995, by which the petitioner has been reduced in rank for three years from the post of Sub -Inspector of Police to the lower post of Assistant Sub -Inspector of Police.