SHEO PRASAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the applications are being disposed of by one order, as the matter is inter -connected. Civil Writ Jurisdiction Case No. 8255 of 1991 has been filed for quashing order dated 28.8.1991, passed by the Superintendent of Police, Saran, respondent no. 2, contained in annexure 1, by which one Shailesh Tiwari, respondent no. 5 was reinstated in service and consequent to that, the petitioner, who was working as dafadar with Ekma Police Station, was removed from service. Civil Review No. 145 of 1992 has been filed for review of order dated 20.2.1991 passed by a Division Bench of this Court in Civil Writ Jurisdiction Case No. 4882. of 1990.

(2.) THE short facts are that one Laxman Sah was working as dafadar of Halka no. 3 within Ekma Police Station in the District of Saran, who resigned from service. Thereafter, the petitioner was temporarily engaged to serve as dafadar of the aforesaid Halka in place of the said Laxman Sah with effect from 2.2.1986. While the petitioner was serving as dafadar at the said place a report was received from the officer -in -charge of Ekma Police Station to the effect that the petitioner was being suspect in a criminal case therefore, the petitioner was recommended to be removed from service. By order dated 22.8.1988 on the basis of the said report, the petitioner was removed from service and in his place respondent no. 5 was appointed as dafadar. The petitioner filed a representation on 25.8.1988 before the Deputy Inspector General of Police, Saran Range, Chapra challenging veracity of the aforesaid report, on the basis of which the petitioner was removed from service. The matter was directed to be enquired into and ultimately the Inspector of Police, Ekma Circle, after due enquiry reported that the report submitted by the Officer -in -charge was entirely false; as such, he recommended for reinstatement of the petitioner in service. Thereafter, on the basis of the said recommendation Superintendent of Police, Saran by his order dated 26.4.1990 reinstated the petitioner in service and, consequently respondent no. 5 was discharged.

(3.) RESPONDENT no. 5 by filing a writ before this Court bearing Civil Writ Jurisdiction Case No. 4882. of 1990.challenged that portion of the aforesaid order dated 26.4.1990, whereby he was discharged from service and by order dated 20.2.1991 the writ application was allowed and the aforesaid order, so far the same was passed against respondent no. 5, was quashed on the sole ground that the same was passed without any notice to him. After passing of the aforesaid order by this Court by order dated 28.8.1991, contained in annexure 1, passed by the Superintendent of Police, Saran, respondent no.5, was reinstated in service and the petitioner was discharged.