NAGINA PASWAN Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Petitioner approached this Court inter alia for the following reliefs:

(2.) The brief facts argued by the learned senior counsel for the petitioner is that-Petitioner was appointed as Constable in the State of Bihar in the year, 1977 and was promoted to the post of Hawaldar in the year, 1987. While the petitioner was posted in Chaibasa, a charge sheet was served upon him alleging inter alia therein that petitioner started going in the residence of Miss. Elzina Badh, the resident of Hazaribagh Sadar by disclosing his identity as a father of Church. He used to send letters by writing in the name of other person and started sending to the residence of Miss. Elzina Badh. Thereafter, subsequently he developed friendship with Miss. Elzina Badh. When the father of Miss. Elzina Badh, came to know about this, he scolded the petitioner on which the petitioner misused his official position by showing his Pistol. It has been alleged that Miss. Elzina Badh was also threatened by the petitioner by saying her to get the news published in the daily newspaper and also alleged that he used to demand Rs. 3 lakhs.

(3.) Learned counsel for the petitioner submitted that on the basis of said memo of charge, a regular departmental proceeding had been initiated against him. The witnesses have been examined and cross-examined by the petitioner but merely on the presumption, the Enquiry Officer has come to a conclusion that the charge has been found to be proved against the petitioner.