CIVIL PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has challenged the order contained in Memo No. 141 dated 19.1.2005, passed by respondent No. 3, whereby and where under he has been dismissed from service (Annexure -9) and has prayed for consequential reliefs.

(2.) THE relevant facts in short are as follows. One Amar Nath Rai, the then officer -in -charge of Dhanbad Police Station made a report to the Superintendent of Police on 23.3.1994 that he received confidential information on 22.3.1994 that on 20.3.1999 Asstt. Sub inspector, Laljee Mishra did not take any action against the offenders when he learnt about transaction of the looted oil on Truck, after taking heavy amount. Petitioner, who was Sub Inspector, also went with Laljee Mishra. The purchaser of oil informed that Laljee Mishra talked with seller and took money. It was admitted by the petitioner that he went with Laljee Mishra, but he said that Laljee Mishra talked with the offenders and took money. Laljee Mishra accepted his guilt and produced Rs. 20,000/ - which was seized in presence of Sub Inspector -Anil Kumar and constable -Rabindra Kumar Singh. Accordingly, a departmental proceeding was initiated against the petitioner and Laljee Mishra, for serious misconduct.

(3.) MR . Pathak, learned Counsel for the petitioner, submitted that the time limit fixed by this Court was not followed; and that petitioner has been prejudiced by non -examination of Amar Nath Rai and Anil Kumar; and that he has been acquitted in the criminal case; and that all the allegations are against Laljee Mishra.