BIHARI PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In the present case, the petitioner was a Hawaldar, was escorting the notorious criminal, namely, Shantu Singh along with three other Constables from Central Jail, Muzaffarur to Divisional Jail, Darbhanga on 22/8/2007 and the accused was received in the jail at 17.30 Hrs. Shantu Singh was brought by private Bolero car bearing registration no. BR 06 P-5079, while on way to Darbhanga Sub-Divisional Jail, the escort party along with Shantu Singh deviated the route, went to the Raymond show-room run by Sri Subhash Daruka where he was inquired into, as he was not available there, Shantu Singh threatened his Manager Arvind Thakur of dire consequences.

(3.) The incident led to lodging of criminal case vide Laheria Sarai P.S. Case No. 291 of 2007 for offence under Ss. 452, 384, 385, 387 of the Indian Penal Code. It appears from the records that in the criminal case, Shantu Singh has been acquitted from the charges. Apart from lodging of the criminal case, a departmental proceeding was also initiated against all members of the escort party including petitioner making an allegation of deviation from the rout assisting Shantu Singh to visit the shop of Raymond show-room and when Mr. Dubhash Daruka was not found, he threatened the Manager of the show-room and, ultimately, the petitioner and three others were found involved in the committing misconduct and, after due process, the petitioner and three others were dismissed from service by the order of the Superintendent of Police, Muzaffarpur dtd. 11/6/2008 (Annexure-4) and that was challenged by way of appeal before the Deputy Inspector General of Police who also found the charge was proved against them.