KEDAR NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides.

(2.) This writ petition has been filed for quashing the order dated 28 -8 -1997 (Annexure -1) passed by the Commandant General, Homeguards. Bihar, Patna, whereby while rejecting the appeal, he enhanced the punishment from reversion to dismissal from service. A prayer has also been made to quash the order of the disciplinary authority dated 23 -11 -1989 (Annexure 2) whereby after considering the inquiry report, he recorded an order of reversion against the petitioner.

(3.) The petitioner at the relevant time was working as Inspector, Homeguards. While he was posted at Khagar, an application was filed by some of the Homeguards Jawans alleging that the petitioner used to charge some illegal money from the Jawans in order to post them at suitable places. On the basis of such allegation, a regular proceeding was started and the petitioner was placed under suspension Ultimately, the Conducting Officer having found the petitioner guilty, submitted a report on 26 -7 -1986 recommending punishment. On receipt of the report, the petitioner was given second show cause which was accordingly submitted. The disciplinary authority, as would appear from Annexure 2, on considering the inquiry report as wall as snow cause of the petitioner granted a penalty of reversion from the post of Inspector to the post of Company Commander for a period of three years.