LAWS(PAT)-2019-1-53

DHANU HAMBRUM Vs. STATE OF BIHAR AND ORS

Decided On January 24, 2019
Dhanu Hambrum Appellant
V/S
STATE OF BIHAR AND ORS Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The appellant was a driver in the Bihar Military Police. He was driving a vehicle that met with an accident resulting in injuries to himself as well as to his colleague constables who were riding on the said vehicle and one of them, ultimately, died as a result of that accident. A criminal case was also instituted. During the pendency of the criminal case, disciplinary proceedings were also commenced and appellant was served with a charge-sheet, the main charge being that the appellant was rashly and negligently driving the vehicle at a high speed in drunken state. The enquiry proceeded and, we find, a copy of the enquiry report on the record of the writ petition, which has been filed along with the counter affidavit of the respondents. After the conclusion of the enquiry, the punishment of dismissal was awarded to the appellant against which he filed an appeal that was also dismissed giving rise to the writ petition that has also been dismissed by the learned Single Judge.

(3.) It appears that during the pendency of the writ petition, the appellant was acquitted by the Trial Court vide a judgement and order dated 01.09.2017. A copy of the judgement of the Trial Court has been brought on record through a supplementary affidavit.