JANESHWAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, a Sub -Inspector of Police, was subjected to a departmental proceeding when orders of punishment by reversion to the post of Assistant Sub -Inspector of Police have been passed against him by the D.I.G., Koshi Range at Saharsa.

(2.) THE petitioner preferred an appeal before the Director General of Police, which has been disposed by the Inspector General of Police and rejected. Learned counsel for the petitioner makes a short submission relying on a Bench decision of this Court in 1992 BBCJ 440 (Ram Anugrah Singh Vs. State of Bihar & Ors.) that the Inspector General of Police was not competent to deal with the appeal and that the Director General of Police alone was competent to decide the appeal.

(3.) THIS Court at paragraph 5, 6 & 7 of the judgment, relied upon, has held as follows: - "5. For appreciating the issue involved, it would be proper to quote Rule 851 of the Rules framed under the Act, which provides for appeals in case of major punishment. The Rule reads as follows: -