JAI MANGAL PRASAD MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By invoking Article 226 of the Constitution of India, the petitioner, Ex-Constable is assailing the order of dismissal passed by the Superintendent of Police, Railways, Jamshedpur dated 24.09.2005 as well as the order dated 05.02.2011 passed by Director General of Police, Jharkhand dismissing the appeal. Petitioner was posted in the Railway Police Station, Tatanagar as Constable and was on patrolling duty in the intervening night of 1/2nd May, 2002 along with the Constables Shiv Darshan Ram and Rajiv Kumar Ranjan under the command of Hawaldar Saheb Bahadur Singh. Hawaldar Saheb Bahadur Singh had directed all the three Constables to remain with him in the same compartment of Ahmedabad Howrah Express. However, violating his command, the petitioner and another Constable, Rajiv Kumar Ranjan had boarded in the different compartment of Ahmedabad Howrah Express. Both of them had assaulted the passengers, including a businessman, Kailash Chandra Jaina, the resident Village-Sudeshwarpur, P.S.-Basudeopur, District-Bhadrak (Orissa) and had extorted Rs. 550/- from him and Rs. 200/- from another passenger. When the train reached Kharagpur station, all the passengers of that compartment, including the businessman, Kailash Chandra Jaina, reported the matter to the Railway Police Station, Kharagpur, wherein F.I.R. No. 28 of 2002 was registered under Sections 394 /411 of the Indian Penal Code. Petitioner was duly identified by the passengers and Kailash Chandra Jaina in the Railway Police Station, Kharagpur and he was arrested by the Railway police, Kharagpur From the pocket of the petitioner, Rs. 750/- were recovered, which he had allegedly extorted from the businessman, Kailash Chandra Jaina and other passengers. After thorough investigation, charge sheet was submitted against the petitioner in the Court of Judicial Magistrate, 1st Class, Paschim Medinipur. Petitioner was charge-sheeted in the departmental proceeding on 01.08.2002. Before the Enquiry Officer, Hawaldar Saheb Bahadur Singh stated that by flouting: his command to remain in the same compartment, the petitioner along with another Constable, Rajiv Kumar Ranjan had boarded in the another compartment and had assaulted the passengers therein and had looted Rs. 750/- from one Shri Kailash Chandra Jaina, who had reported the matter to the Railway Police Station, Kharagpur, wherein, F.I.R. No. 28 of 2002 was registered against the petitioner and Rajiv Kumar Ranjan under Sections 394 /411 of the Indian Penal Code. Inspector Vidhan Chandra Saha, Railway Police Station, Kharagpur had stated that before him all the passengers and Kailash Chandra Jaina had identified the petitioner and Rajiv Kumar Ranjan, and stated that both of them were involved in the extortion and have looted money from them.

(2.) Having perused the entire materials, Enquiry Officer had found the charge against the petitioner proved. Disciplinary Authority i.e. Superintendent of Police, Jamshedpur, having found the petitioner guilty, was pleased to dismiss him from the services. However, in a criminal case under Sections 394 /411 of the Indian Penal Code, the petitioner was acquitted, since the original complainant/passenger did not appear before the criminal court to support the prosecution story. Having got acquittal, the petitioner had applied for recalling the order of dismissal, which was not accepted. Thereafter, he has filed the present writ petition.

(3.) I have heard Dr. S.N. Pathak, learned Senior Advocate assisted by Mr. Rishikesh Giri, Advocate as well as Mr. M.K. Dubey, J.C. to A.G.