PREM CHAND RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Petitioner, a Sub Inspector of Police, has challenged the entire departmental proceeding initiated against him in the manner in which it was initiated.

(2.) THE brief fact of the case shows that while Petitioner was posted at Bhagalpur, a riot took place in 1989 in which certain report was submitted by an Enquiry Commission. In view of such report, as made at paragraph Nos. 528 and 598 therein, a departmental proceeding was initiated against the Petitioner by D.G. -cum -I.G. Police by Memo dated 8th December '95. The S.P., Bhagalpur was made Enquiry Officer and it was numbered as Proceeding No. 10/96.

(3.) ADMITTEDLY , the Petitioner had been transferred to the District of Deoghar in 1996, wherein he joined as S.I. Police and still functioning. In the meantime, the Respondents considered his case for promotion to the next higher post of Inspector of Police and promoted, but because of the proceeding, his joining in the higher post of Inspector of Police has not been accepted. After transfer of Petitioner to the district of Deoghar, the S.P., Bhagalpur had no control on the Petitioner, being not the Controlling Officer, except as the Conducting Officer having appointed in pursuance of Departmental Proceeding No. 10/96.