HAMESHWAR MARANDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, a dismissed Hawaldar of Bihar Police has challenged the order as contained in Annexure -8 to the writ application, whereby the Superintendent of Police, Hazaribagh, being the disciplinary authority of the petitioner, passed an order on 12.1.1993, dismissing the petitioner from service on the basis of the findings of the Enquiry Officer, as contained in Annexure 7 to the writ application, wherein the charges against the petitioner were found to be proved. The petitioner has also challenged the order, as contained in Annexure 9 to the writ application dated 29.11.1995, passed by the Deputy Inspector General of Police, North Chotanagpur Region, Hazaribagh, who dismissed the appeal filed by the petitioner being the appellate authority.

(2.) THE petitioner holding the post of Hawaldar (sic) and was in -charge of Police picket of four armed Police personnel at Dudhmania Police picket within Bishnugarh Police Station in the district of Hazaribagh on 16.9.1992. On that date, some miscreants attacked the Police Guard room at Doodhmania Police picket and after injuring the police personnel, present there, including the petitioner looted away arms and ammunitions Police uniforms etc. from the Police Guard Room, for which a case being Bishnugarh PS Case No. 72 of 1992, was registered under Sec.395, IPC. At the time of occurrence, only two constables and one Hawaldar were only available at the said Police picket and there was no constable on Santry duty. Two other Police constables who were also posted there were unauthorisedly absent. The petitioner who was in -charge of the Police picket was sleeping in the Guard room in ganji and lungi, one Constable Arun Kumar Tiwary was busy in cutting vegetables and the other Constable Nand Kishore Kuwar was standing outside the Guard room in ganji and lungi and all of them were negligent in discharge of their duties.

(3.) THE disciplinary authority i.e. the Superintendent of Police, Hazaribagh by order as contained in Annexure 8 dated 12.11.1993 after considering the report of the Enquiry Officer and after considering the relevant materials, ordered for dismissal of the petitioner from service. The petitioner thereafter preferred an appeal against the said order of the Superintendent of Police. The appellate authority by order as contained in Annexure 9 concurred with the findings of the disciplinary authority and dismissed the appeal.