LAWS(PAT)-2009-3-253

WAKIL PRASAD BASU Vs. STATE OF BIHAR

Decided On March 05, 2009
Wakil Prasad Basu Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

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

(2.) THE petitioner who is an A.S.I. of Police, was served with memo of charges dated 22.5.2001. The charge was that in the month of March, 2001, he did not dispose any of the eight cases with regard of Phulkaha Police Station. He has, thus, displayed laxity and negligence in investigation of cases. The petitioner filed his show cause. In the show cause also he did not deny the charge but sought to explain it for unavoidable reasons allegedly of his mother 'sdeath. The enquiry report dated 15.9.2001 came to be submitted. The Inquiry Officer returned the findings of guilt. He, however, observed that the case of the petitioner may be considered sympathetically in view of his claim for having proceeded on his mother 'sdeath.

(3.) TWO significant facts emerge. First is that the petitioner has accepted the charge and seeks to give explanation. According to the explanation, he proceeded on leave on 23.3.2001, just seven days prior to the expiry of the month during which period he disposed none of the cases. The disciplinary authority accepted the report of the Inquiry Officer with the order of punishment dated 14.10.2001 stopping the increments for a period of six months equivalent to one black mark.