RAMJEET YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been preferred for issuance of a writ in the nature of writ of certiorari to quash and cancel the Appellate order bearing no.216 of 2010 contained in memo no.1923 dated 26.11.2010 issued under the signature of Dy. InspectorGeneral of Police, Purnea Range, Purnea (Respondent No.4) by which the respondent no.4 has been pleased to dismiss the appeal preferred by the petitioner and has affirmed the order of dismissal as contained in Memo No.632 dated 05.04.2005 passed by the Superintendent of Police, Purnia (Respondent No.5).

(2.) It is the case of the petitioner that the petitioner while posted as a Constable was placed on duty at the Sadar Court Hazat, Purnia. On 26.02005 he was asked by the Sadar Court Hazat InCharge, Purnia, to take three under trial prisoners for production before the learned Court of Chief Judicial Magistrate, Purnia. Out of the three under trial prisoners who were brought to the Court Hazat for production, one of them namely, Prasant Kumar Yadav managed to flee away from the custody of the petitioner along with hand cuff in course of production before the learned Court. Whereafter, the petitioner handed over the custody of two prisoners to the Sadar Court Hazat, Purnia. The In-Charge of the Sadar Court Hazat, Purnia, registered a written complaint against the petitioner for having allowed the said prisoner, Prasant Kumar Yadav to flee away from the police custody who was an accused in K.Hat P.S.Case No.436/04 and 361/04. A case under Section 224 and 225 of the Indian Penal Code was registered against the petitioner.

(3.) It is stated that in view of the institution of the F.I.R against the petitioner and the consequent investigation, the petitioner was placed under suspension for the charges of letting the prisoner off from the police custody with effect from 27.02.2005 vide Purnia District order no.218/05. A chare-sheet containing the list of exhibits and the witnesses (Annexure-4) to the writ application was dispatched on the home address of the petitioner. The petitioner claims that after his suspension and his fixation at Headquarter at Police Line, Purnea, he continued to report and remained present at the Headquarter till 18th March, 2005, it will be evident from the perusal of the attendance chart of the suspended employees for the month of March, 2005. A copy of the attendance chart of the suspended employees has been brought on record as Annexure-5 to the writ application.