NAVIN KUMAR Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) On the allegations made under charge memo dated 8.9.2012 (Annexure 2) the petitioner was proceeded against. Allegation against him was of extorting money from the passengers of a train which he was escorting for which a criminal prosecution was also initiated against him. Though, he submitted his written response (Annexure 3) to the charge memo he did not appear in the proceedings. Records reveal that in spite of service of second show cause on him through the Jail Superintendent, he chose not to appear and to submit response to the second show cause.

(3.) Learned counsel for the petitioner submits that the allegations made against the petitioner are unsustainable since the same is not based on any evidence as no evidence was produced in the enquiry. He submits that even in a proceeding where the delinquent does participate, the onus is of the department to bring home the charges with reference to some material produced in the course of enquiry.