BIPIN BIHARI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed by the appellant challenging the judgment dated 21.08.2017 passed by the learned single Judge in CWJC No.3459 of 2014 by which the prayer of the appellant for quashing the order dated 14.01.2013 issued under the signature of the Director General of Police, Bihar, Patna whereby the representation filed by the appellant for reinstatement in service has been rejected was dismissed.

(2.) The appellant, a constable in Muzaffarpur Railway Protection Force, was proceeded in a departmental proceeding on several charges including the charges of dereliction of duty, misconduct, misbehaviour with colleague and higher officers. He was also prosecuted in a criminal case vide Muzaffarpur Rail P.S. Case No.19 of 2000 dated 01.03.2000 registered under Sections 341, 342, 323, 353, 427 and 504 of the Indian Penal Code. Having been found guilty of the charges, he was dismissed in the departmental proceeding vide order dated 21.08.2001. He filed an appeal before the Appellate Authority, which was rejected vide order dated 06.12.2001. Thereafter, he filed a memorial before Director General of Police-cum-Inspector General of Police, challenging the appellate order, which too was rejected vide order dated 27.03.2004. Being aggrieved by the rejection of his memorial, he filed a writ petition before this Court vide CWJC No.8234 of 2004, which was dismissed vide order dated 09.01.2006. He challenged the order passed in the writ petiton in a Letters Patent Appeal vide LPA No.146 of 2006. A Division Bench of this Court, vide order dated 12.01.2007, dismissed the intra court appeal. The appellant challenged the order passed in the LPA No.146 of 2006 before the Supreme Court vide Special Leave to Appeal (civil) No.17538 of 2008, which was also dismissed vide order dated 12.01.2009.

(3.) Subsequently, in the criminal trial arising out of Muzaffarpur Rail P.S. Case No.19 of 2010, he was acquitted by the Railway Judicial Magistrate, Sonepur vide judgment dated 5th of August, 2010.