DHARMENDRA KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing of the order dated 05.08.2016 passed by the Deputy Inspector General of Police, Sahabad, Dehri-on-Sone, whereby and whereunder the petitioner has been dismissed from service. The petitioner has further prayed for setting aside the appellate order dated 27.01.2017, the order passed by the Director General of Police, Bihar dated 04.12.2017, whereby the memorial filed by the petitioner against the appellate order has been dismissed and for quashing the enquiry report dated 17.06.2016.

(2.) The brief facts of the case are that the petitioner entered the services of the Government of Bihar as a Sub-Inspector of Police in the year 2012 and after training / probation period he was posted in Buxar Town Police Station in the District of Buxar. The petitioner had served to the satisfaction of all concerned and while he was posted as Sub-Inspector in the Buxar Town Police Station on 24.5.2016, he went to pacify the agitating students outside the Police Station along with the Officer-in-Charge-cum-Inspector of Police but subsequently the said Officer-in-Charge-cum-Inspector of Police sent a fabricated report to the Superintendent of Police, Buxar on 02.06.2016 stating therein that he had come to know that on 24.05.2016 the petitioner along with some constables had conducted a raid on the house of one Bablu Chaudhary where gambling was going on and had apprehended two persons including one Rajendra Verma but he was released by the petitioner after receiving illegal gratification of Rs. One lakh fifty thousand (Rs.1,50,000/-). Thereafter, the petitioner was immediately suspended vide order dated 03.06.2017 by the Superintendent of Police, Buxar and in the meantime, the petitioner as well as other constables were coerced into giving confessional statement. The S.D.P.O. had then submitted a report dated 04.06.2016 whereafter a departmental proceeding was directed to be initiated against the petitioner and on the same day a memo of charge dated 04.06.2016 was issued and the Enquiry Officer was appointed by the Superintendent of Police.

(3.) Thereafter, the Enquiry Officer had sent a notice to the petitioner dated 06.06.2016 to appear on 08.06.2016 and submit his defence. The petitioner had then appeared before the Enquiry Officer and filed a written statement of defence along with an affidavit of the purported victim namely Rajendra Verma denying the allegation levelled against him. The petitioner had also raised objection regarding the initiation and continuance of the departmental proceeding by an incompetent authority. The petitioner is said to have filed an application on 17.06.2017 before the Conducting Officer to fix a date for examination of defence witnesses but the Conducting Officer did not permit the petitioner to adduce defence witnesses and hurriedly the enquiry report was filed by the Enquiry Officer on 17.06.2017 finding the petitioner guilty of the charges leveled against him.