GAURI SHANKAR CHOUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against the order of the Rail S.P., Muzaffarpur, contained in Annexure 2, dismissing the petitioner from service and the order of the D.I.G., Railway Police, Patna and the order passed by the D.G.P., contained in Annexures 3 and 4 respectively, affirming the order of dismissal passed by the Rail S.P., Muzaffarpur.

(2.) In short, the facts of the case are that the petitioner was appointed as Constable on 7.1.1984. While he was posted at G.R.P., Narkatiyaganj on 27.8.1990, he was charged with unauthorised absence from duty and during the period of his unauthorised absence travelling in first class compartment with an illicit woman unauthorisedly. The further charge against him is that he while travelling fought with students travelling in the said compartment which led to cutting off vacuum and delaying the train by 40 minutes. During the said period, the petitioner reported as 'sick' but he was found travelling with the said woman in the first class compartment unauthorisedly. Accordingly, charge was framed and a full-fledged departmental enquiry was conducted by the conducting officer who submitted his report and on examination of the entire materials, the impugned order, contained in Annexure was passed by the Rail S.P., Muzaffarpur. The petitioner being aggrieved filed appeal before the D.I.G. Rail, who affirmed the order of the S.P., vide Annexure 3. The petitioner filed memorial before the D.G.P. who also affirmed the orders passed by the S.P. and D.I.G., vide Annexure 4, which has been impugned alongwith Annexures 2 and 3 in the present writ petition.

(3.) A counter-affidavit has been filed on behalf of the S.P. Rail, Muzaffarpur (respondent No. 4).