SUDHIR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal in terms of Clause 10 of the Letters Patent of the Patna High Court has been preferred by the petitioner of C.W.J.c. No. 5120 of 1998 Sudhir Kumar Singh V/s. The State of Bihar and Ors. and is aggrieved by the judgment dated 30.9.1999, whereby the writ petition was dismissed and the various orders leading to dismissal of the petitioner from the Bihar Police Force have been upheld.

(2.) We shall go by the description of the parties occurring in the writ petition. The writ petitioner (the appellant herein) was a permanent Constable in the Bihar Police Force of the Bihar Government and was, at the relevant point of time, posted in the Rail Police Centre, Patna. The D.S.P., Railways, Patna, had submitted a complaint against him on 31.7.1996, wherein it was stated that he had on 30.7.1996 reached Patna junction station at 7.00 A.M. by Shramjeevi Express, He found the petitioner checking the railway ticket of a passenger on platform no. 1. On being questioned, the petitioner had kept quiet. The complainant was accompanied with two constables, namely, Bishwanath Sharma and Ram Bachan Kumar. On sensing trouble, the petitioner took to his heels. With the help of other constables present there, the petitioner was identified leading to a report to the superior authorities. This was followed by a departmental proceeding against the petitioner. Chargesheet dated 31.7.1996 was served on him. The learned enquiry officer had issued notice to the petitioner but he refused/failed to appear and also did not file his written statement, as a result of which the enquiry proceeding was held ex -parte.

(3.) AFTER conclusion of the enquiry, but before submission of his report, the learned enquiry officer had issued another notice to the petitioner calling him upon to submit his written submissions, along with copies of the statements of all the witnesses examined during the course of enquiry. The petitioner had submitted his written submissions on 7.5.1997 (Annexure -4). On a consideration of the entire materials on record including the stand taken in the written submissions (Annexure -4), the learned enquiry officer had submitted his report dated 30.6.1997 (Annexure -5), wherein he found the petitioner guilty of the charges. This was followed by a second show -cause notice dated 24.7.1997 (Annexure -6). The petitioner had shown cause on 4.8.1997 (Annexure -7), leading to the impugned order of dismissal dated 23.9.1997 (Annexure -8). The petitioner 'sappeal was dismissed by order dated 13.11.1997 (Annexure -11). His memorial in the nature of revision application has also been dismissed by order dated 20.4.1998 (Annexure -14).