MD.MISTER AZAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, who is the police constable, has been departmentally dealt with for alleged misconduct and thereafter the order of dismissal from service was passed by the Sr. S.P. Ranchi against him. The petitioner moved before the Patna High Court by filing C.W.J.C. No. 6100 of 1996, against the order passed by the D.G.P. -cum -I.G. Patna whereby memorial filed by him was rejected and by order dated 19.8.1997, the Patna High Court quashed the Annexure -4 by which memorial filed by the petitioner was rejected and the matter was remitted back to the D.G.P. -cum -I.G. Patna for fresh consideration of memorial in accordance with law.

(2.) CONSEQUENCE thereto Annexure -4 to the present writ application was passed by the D.G.P. -cum -I.G.P., Bihar Patna whereby the D.G.P. after considering the fact and circumstances of the case again rejected the memorial filed by the petitioner as contained in memo No. 1267 vide, order dated 1.4.1998. The said order as contained in Annexure -4 is under challenge in the present writ application.

(3.) THIS Court order dated 5.4.1999, expressed its prima -facie, view that punishment imposed is grossly disproportionate to the misconduct alleged against the petitioner. In the facts and circumstances of the case, I am of the view that punishment awarded to the petitioner is disproportionate to the charges levelled against him.