NAKUL TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AFTER departmental enquiry petitioner was punished by an order No. 3109, dated 19th August, 1999 issued by DIG of Police, South Chhotanagpur Range, Ranchi. He was compulsorily retired from service, the charge of taking bribe of Rs. 2000.00 (Two thousand) from one Pramod Kumar Sinha, cook, at the time of opening of his service book having been proved. The appellate authority having rejected the memorandum of appeal by order No. 63, dated 9th February, 2002, the petitioner has challenged both the aforesaid orders in this case.

(2.) THOUGH the writ petition was preferred on 1st July, 2002, but details relating to departmental proceeding was not Amitabh Choudhary Versus State Of Jharkhand pleaded nor any specific plea was taken on assail the orders. A vague plea was taken that he has been denied natural justice.

(3.) FROM the file and records produced, the following facts emerge : While the petitioner was posted as Assistant Sub -Inspector of Police, Ranchi, a departmental proceeding No. 25 of 1998 was initiated against him. One Sri Pramod Kumar Sinha, cook, posted under him alleged that, the petitioner demanded bribe amounting, to Rs. 2000.00 (Two thousand) to open his service book, which was paid and accepted by petitioner. One Sri Dinesh Rajak, Inspector -cum -Officer Incharge, Kotwali police station, Ranchi, was appointed as enquiry officer. He issued notices on petitioner and heard the case. It was also adjourned on number of dates; total about 20 dates were fixed. The petitioner appeared and after hearing the parties and on appreciation of evidence the enquiry officer submitted his report. The complainant, Sri Pramod Kumar Sinha appeared and deposed as witness and supported the allegation of demand and payment of bribe to the petitioner for opening service book. His statement was also corroborated by other witnesses. The enquiry Officer by his report, as contained in letter dated 20th January, 1999 held the petitioner guilty of the charges.