BHAGIRATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS appeal is directed against the judgment of learned Single Judge dated 19.3.2007 dismissing the writ petition filed by the appellant against his dismissal from service. The facts relevant for the present purposes are that while the appellant -writ petitioner was serving as Constable in Sheohar district, it was alleged that on 17.6.2002 while a superior officer Randhir Prasad Singh, Incharge Sergeant Major had declined to grant him leave while he had granted leave to many others on the same date, the petitioner -appellant had abused and assaulted the said Sergeant Major while he was returning home near a telephone booth. In respect of the said incident, a departmental enquiry was initiated against the petitioner -appellant and he was also for the same charges subjected to the criminal trial. On the basis of evidence led before the court in the criminal trial which included the statement of complainant Sergeant Major, the criminal court came to a positive finding that no incident as alleged had occurred. However, after considering material consisting of the same witnesses in the departmental enquiry, the disciplinary authority came to the conclusion that the charge against the delinquent officer has been proved and penalty of dismissal was awarded vide order dated 3.2.2003.

(3.) APPEAL against the same was rejected by the appellate authority. After the appeal was dismissed, the petitioner -appellant was acquitted with the finding about non -occurrence of the incident. On the basis of the said acquittal order, the petitioner appellant moved a memorial before the competent authority which has been rejected.