PRAMOD KUMAR RAY Vs. STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA, NOW GOVERNMENT OF JHARKHAND, RANCHI

JUDGEMENT

(1.) PETITIONER has challenged the order of his dismissal passed by the Commandant dated 8.9.1994 (Annexure 5), and the order of the Deputy Inspector General of Police, South Range, Ranchi (respondent no. 3) dated 28.6.1997 (Annexure 6) affirming the same, and the order of the Director General -cum -Inspector General of Police (respondent no. 2) dated 14.3.1999 (Annexure 8) rejecting his memorial.

(2.) A charge -sheet (Annexure 2) was served on the petitioner alleging gross -indiscipline, dereliction of duty, misconduct and not being fit for the post of police officer. It was alleged that on 25.5.1994 in the evening, on the pretext of bringing medicine, he went to Tata Nagar Railway Station unauthorisedly where at Platform No.1, by gesture, he called Parvati Kumari (victim girl) with bad intention. On her denial, he assaulted her causing her injuries. On her alarm, petitioner was locked in Tata Nagar G.R.P. Police Station and a criminal case being G.R.P.P.S. Case No. 43 of 1994 dated 25.5.1994 was registered against him under sections 341, 325 and 354 of the Indian Penal Code. Afterwards he was got enlarged on bail. It was further alleged that in his short span of service, he was awarded two major punishments but there has been no change in his conduct and that he tarnished the image of the police force.

(3.) IT is submitted on behalf of the petitioner that he has been acquitted in the criminal case on 9th December, 1996 and that the victim girl who was examined during the departmental proceeding, stated that she did not recognise the petitioner and she was not assaulted by him. Therefore, it is submitted that the petitioner has been punished ignoring his acquittal and the said evidence of the victim girl.