PRADEEP KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) AN occurrence took place on 20.12.1994 in which it is said that Babban Singh, Constable, and this petitioner, also a Constable assaulted one Ram Nath Singh, Sub -Inspector of Police, who were posted and working in Bihar Military Police, 13, Darbhanga. The said incident was not reported by Ram Nath Singh or any other persons who were involved in the incident. It is admitted that both Ram Nath Singh and Babban Singh received injuries in the said occurrence. However, no First Information Report was lodged by Ram Nath Singh or Babban Singh for the said occurrence. This incident was brought to the notice of the Superintendent of Police, Motihari by one Md. Alam also a Constable in Bihar Military Police, 13, Darbhanga. On the basis of complaint made by Md. Alam, an enquiry was held and thereafter charges were framed and the petitioner has been dismissed from service after institution of a disciplinary proceeding.

(2.) THE petitioner challenges his order of dismissal contained in Annexure -7 dated 20.12.1995 filed by LA. No. 5824 of 1998 and Annexure -1 dated 4.6.1996 which is the order passed on appeal filed by the petitioner.

(3.) BABBAN Singh has challenged the order of punishment and the order passed dismissing his appeal vide CWJC No. 6607 of 2000 which is Annexure -8 which has been filed by I.A. No. 446 of 2005. This Court while considering the allegations levelled against Babban Singh has quashed the enquiry report, orders of termination and the order passed in the appeal. This Court while quashing the orders has considered all aspects of the case and has also relied on Rule 826 in quashing the order of termination. Rule 826 specifically requires "that the punishment swarded should be in confirmity with the gravity of offence with which the officer is charged and offences involving moral turpitude shall be carefully discriminated from smaller wrong doings." The Rule also envisages "that the previous record of service of the officer concerned, if it is not already included in the charge of the proceeding shall not be taken into account for determining the quantum of punishment "