RAJESHWAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner to quash the order dated 31st January, 1998, issued by Superintendent of Police (Rail), Dhanbad, whereby, he has been dismissed from service. He has also challenged the appellate order dated 20th July, 1998, passed by the Deputy Inspector General of Police, Railway Zone, Ranchi, whereby and whereunder, the order of dismissal was affirmed and the appeal, preferred by the petitioner was rejected.

(2.) THE case of the petitioner is that a charge -sheet was served on him on 26th March, 1997. Three unfounded and baseless charges of different period were brought against him. One of them was of 28th December, 1995, the second was of 27th July, 1996 and the last one was of 15th August, 1996. He submitted the show cause reply before the enquiry officer, denying the allegations and raising the aforesaid objections. After enquiry, the Superintendent of Police (Rail), Dhanbad, issued a show cause notice to him vide Memo No. 1871/Go. dated 27th December, 1997 and on receipt of the show cause reply, dismissed him from service vide impugned Memo No. 38/Go. dated 31st January, 1998. The appeal was also rejected on 20th July, 1998.

(3.) ACCORDING to the petitioner, the departmental enquiry was conducted in violation of the rules of natural justice. The prosecution witnesses were examined behind the back of the petitioner, without informing the date of their examinations. Neither any date for examination of defence witness was fixed nor intimated to the petitioner. And several miscellaneous charges of two years were combined together for decision in one departmental proceeding, which is not permissible as per Appendix 49 of the Police Manual.