STATE OF JHARKHAND Vs. BHIM SINGH

JUDGEMENT

(1.) By filing this intra court appeal, the State of Jharkhand and others have challenged the order dtd. 13/7/2021, passed by the learned Single Judge in W.P.(S) No. 4529 of 2015. The writ petition was filed by the petitioner challenging his dismissal from service vide Memo No. 1353 dtd. 22/5/2021 and also quashing the order passed by the appellate authority-respondent no.4 to the writ application vide Memo No.1311 dtd. 27/11/2001, whereby the appeal preferred by the private respondent was dismissed.

(2.) The petitioner was appointed as a Constable and joined the services on 18/1/1984 and he was given first time bound promotion in the year 1994. On 14/11/1995, he joined the post of Constable in district headquarter, Garhwa. He also held the post of Office bearer of the District Police Men's Association. On 30/12/1995 an F.I.R. was lodged by the Officer-in-charge of Garhwa Police Station against the petitioner alleging that on the same day at Bazar Samittee, Garhwa, in course of election of Office bearers of Bihar Police Men's Association, sound of firing was heard from the northern barrack of the office due to which Election Officer started dispersing and upon interrogation it could be known that the petitioner had fired from his licensee rifle with a view to disturb the election process. In contemplation of the activity, a departmental proceeding being D.P. No. 44/96 was also initiated against the petitioner and charge sheet was served upon the petitioner on 14/12/1996. The petitioner filed reply and participated in the departmental proceeding and the Inquiry Officer found charges against the petitioner to be proved and finally an order of termination from service has been passed by the Disciplinary Authority. The petitioner had earlier moved this Court by filing W.P. (S) No. 4 of 2002, which was disposed of with a liberty to the petitioner to prefer a memorial before the Director General-cum-Inspector General of Police, Jharkhand to decide the claim. He again moved before this Court by filing W.P.(S) No.661 of 2006, which was disposed of vide order dtd. 23/1/2015 directing the Director General-cum-Inspector General of Police, Jharkhand to decide the memorial and pass a speaking order in accordance with law. Thereafter, the memorial was also dismissed. In the meantime, the criminal case was concluded and as per the judgment dtd. 29/6/2005 in Sessions Trial No. 64 of 2003, the Court of the learned 1st Additional Sessions Judge, Garhwa acquitted the petitioner- respondent. We have taken note of the exact observations made by the learned 1st Additional Sessions Judge, Garhwa, which is quoted as under:-

(3.) In that view of the matter, this Court is of the opinion that the respondent has been honourably acquitted of the offences. In fact, certain observations have been made against the senior police officers by the learned Additional Sessions Judge and it is not in dispute that no appeal was preferred by the State of Jharkhand to this Court against the judgment passed by the learned Additional Sessions Judge.