SATENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel for the respondents.

(2.) The writ petition has been filed assailing Muzaffarpur Rail District Order No. 621 of 2004 contained in Memo dated 1.4.2004, dismissing the petitioner from service.

(3.) The petitioner was posted as a Constable in the Railway Police. He was member of an escort party constituted for escorting Train No. 276 down. It is alleged that on 8.6.2003 some smugglers were carrying 20 Kilograms of Nepali Ganja in 11 packets in a black bag. Allegation is that the escort party, of which the petitioner was one of the members out of four, conspired to snatch said Ganja from the smugglers, brought it back to the barrack and sold the same, proceeds of which were distributed amongst members of the escort party, including the petitioner. With such allegation, a charge memo was issued on 7.7.2003. Enquiry was conducted by the Enquiry Officer and thereafter the enquiry report was submitted on 27.2.2004. It is upon the findings of the Enquiry Officer regarding petitioner being guilty of the said allegation that the disciplinary authority after giving opportunity of second show cause has inflicted punishment dated 1.4.2004 dismissing the petitioner from service. The same is assailed in the instant proceeding.