SHANKAR KUMAR GHOSH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was initially appointed in the Bihar Police as Sub -Inspector in the year 1965 and was eventually posted as Junior Sub -Inspector of Police at G.R.P.S., Ranchi in November, 1979 and was then transferred to Jamshedpur on 24.7.1981 and thereafter to Dhanbad on 28.8.1981 and was posted as Officer -in -Charge. G.R.P.S. Dhanbad when a charge sheet dated 28.11.1981 (Annexure 4) was served on the petitioner alleging various misconducts said to have been committed by him. G.R.P. Case No. 51 of 1981 was also instituted against the petitioner under Sections 409. 379, 201. 202 & 120 -B I.P.C. which was pending trial. After the conclusion of the disciplinary enquiry, the departmental proceeding was concluded and the Deputy Inspector General of Railway Police, Bihar by his order dated 18.9.1985 (Annexure '2') dismissed the petitioner from the service against which the petitioner preferred a statutory Appeal to the Director General of Police on 29.9.1985, a copy of the Memorandum of Appeal has been annexed as Annexure '3' to the Writ Petition. The Petitioner's Appeal was allowed by the Director General -cum -Inspector General of Police. Bihar by the order dated 5.1.1987 (Annexure '4') with the direction to the Petitioner to submit his show cause against the order of dismissal within one month which he did on 18.5.1987, a copy of the show cause submitted by the petitioner has been annexed as Annexure '6' to the Witt Petition. After considering the entire materials on record, the Director General -cum -inspector General of Police, Bihar, Patna by his order contained in Memo No. 3506 dated 14.8.1987 awarded the punishment of dismissal from service against the petitioner.

(2.) Being aggrieved the petitioner preferred an Appeal to the Secretary to the Stale Government in the Home (Police) Department, a copy of the Memorandum of Appeal is annexed as Annexure '8' to the Writ Petition, but the Appeal remained pending for a considerable period and on account of inaction on the part of the Appellate Authority, the petitioner preferred a Writ Petition in this Court which was registered as CWJC No. 4731 of 1989 and was disposed of by the order dated 12.9.1988 (Annexure '9') with the Direction to the Secretary to the Government in the Home (Police) Department to dispose of the Appeal of the petitioner within three months from the date of receipt of a copy of the order.

(3.) By the order dated 13.12.1989 (Annexure '10') the Petitioner was informed that the State Government after consideration of the Appeal had rejected the same.