MANOJ RAI Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) The petitioner has challenged the order dated 31.08.2007 and 31.03.2008 passed by the disciplinary authority and appellate authority whereby and whereunder the petitioner has been dismissed from service.

(2.) That brief facts of the case as per the submission made on behalf of petitioner is that petitioner was appointed as a constable in Jharkhand Armed Police Force No. 1 on 08.01.2002. On 26.08.2005 petitioner was assigned duty with police Jeep No. BR- 1J- 5319 and while going towards Lalpur Chowk, one pedestrian Kamal Kishore came in front of his jeep and was dashed slightly with the jeep. This pedestrian in turn dashed another pedestrian Vishwanath Verma. Vishwanath Verma became unconscious and ultimately died in the course of treatment for that a criminal case was instituted being Lalpur P.S. Case No. 102 of 2005 for the offence under Sections 279, 337 and 338 of the IRC and later on Section 304 I.P.C. Was added which is pending in the competent Court of jurisdiction.

(3.) On same ground departmental proceeding No. 03 of 2006 was initiated against the petitioner. Charges were framed for rash and negligent driving resulting into death of a person thereafter in a regular enquiry charge has been proved.