ABHIJEET KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner and the counsel for the respondents.

(2.) The petitioner is aggrieved by order passed by the Bihar Human Rights Commission (herein after referred to as 'the Commission') dated 5.4.2013 (Annexure 8), in File No. BHRC/COMP 2909/12, whereby and whereunder it has directed initiation of departmental proceeding against the petitioner and also directed the petitioner for payment of compensation to the tune of Rs. 25000/- to the applicant Badri Sah.

(3.) Brief facts giving rise to the instant writ petition is that one Badri Sah had lodged a complaint before the Commission stating that the petitioner, who was posted as the Officer-in-charge, Jamo Bazar, District Siwan had forcibly detained the allegationist in custody for two days. It is alleged that the petitioner had taken side of the father of the allegationist in a family dispute between the allegationist on one side and his brother and father on the other side. On the basis of such allegation, the Commission has taken up the issue. The petitioner had denied the allegation and had stated before the Commission that the allegationist had been detained to the Police Station on 31.7.2012 and he was allowed to leave the Police Station at 5 PM after executing the PR bond. It is also stated by the petitioner before the Commission that the allegationist amicably settled the matter with his aged father and brother's wife for which report under section 107 Cr.P.C. was submitted to the SDM, Maharajganj. The matter seems to have been enquired into by the DIG, Saran Range who by his letter dated 12.11.2012 stated that the allegations levelled against the petitioner has not been proved against him. In spite of the aforesaid, the matter was considered by the Commission and the petitioner was awarded punishment of payment of compensation and direction was also issued by the Commission to initiate proceeding against him.