SUMESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, a constable in the District Police, Muzaffarpur has been dismissed from service by an order issued vide Memo No. 1587 dated 08.06.2018, passed by the Senior Superintendent of Police, Muzaffarpur, on the ground of his proved misconduct in a departmental proceeding. His misconduct related to an occurrence of June, 2017 for which Ahiyapur P.S. Case No. 431 of 2017 was registered for the offences punishable under Sections 363, 387 read with Section 34 of the Indian Penal Code in which, he along with others is an accused. His appeal against the order of dismissal has been dismissed by the Deputy Inspector General of Police, Tirhut Range, Muzaffarpur by an order dated 21.08.2018, which is also under challenge in the present writ application.

(2.) I have heard Mr. Prafull Chandra Jha, learned counsel for the petitioner and Mr. Ajay Kumar, learned AC to GP-4 appearing on behalf of the State of Bihar at length.

(3.) The occurrence is of 07.06.2017, when the Officer Incharge of Ahiyapur Police Station received an information at 2. P.M. to the effect that one Shashi Ranjan Kumar was kidnapped by some people and was being taken towards some place within the jurisdiction of Kanti Police Station from Zero Mile. In a joint operation carried by Ahiyapur Police Station and Kanti Police Station, the said Shashi Ranjan Kumar was recovered from near Kanti Inter College, from the custody of one Akhtar Sah, another constable. Akhtar Sah is said to have disclosed the Officer Incharge of Ahiyapur Police Station that he had brought the victim to the place from where he was recovered, with the help of this petitioner, another constable Sanjeet Kumar and five other persons. He admitted that there was no order issued by any senior Officer to arrest the Shashi Ranjan Kumar. Shashi Ranjan Kumar, thereafter submitted his written statement to the effect that said constable Akhtar Sah with few of his colleagues/friend had caught him near zero Mile, HDFC Bank when he was moving in a motorcycle. Akhtar Sah had asked the victim to come along with him and others which twas objected to. Akhtar Sah, thereafter, called this petitioner and another constable Sanjeet Kumar on phone, who thereafter came in a police uniform. All of them thereafter took him to a place near Kanti Inter College and threatened him of his implication in a criminal case, labelling him as an 'ATM Chor' (a person involved in committing theft of cash from ATM). They were demanding Rs. Five lacs from him as ransom for his release. He is said to have informed his relatives, who, in turn, informed the police about the occurrence, thereafter. Based on written report of said Shashi Ranjan Kumar, the Ahiyapur Police Station Case No. 431 of 2017 was registered. The petitioner and another two constables were taken into custody and were subsequently put under suspension.