SURENDRA PRASAD CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) THE petitioner, who was posted at the relevant time as a Constable in the Police force, is aggrieved by the order of his dismissal dated 28.8.2000 from the Police service in pursuance of a departmental enquiry. His appearand memorial have also been rejected.

(3.) LEARNED counsel for the petitioner assailing the order of dismissal, firstly urged that the evidence of three Constables was recorded by the Inquiry Officer behind his back. No order was passed on the request of the petitioner for adjournment; he was therefore, unable to cross -examine the witnesses. He was also denied the opportunity to lead evidence. Secondly, the Inquiry Officer was biased towards the petitioner, inasmuch as he was a prosecution witnesses in another departmental proceedings pending against the petitioner. It was next urged that the petitioner was under no obligation to receive the transfer order as he was under suspension. Lastly that the punishment was grossly disproportionate to the guilt.