ARBIND KUMAR UPADHYAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE writ petitioner, a Constable in B.M.P.3, was proceeded against departmentally for the alleged misconduct and was simultaneously put under suspension by order dated 17.11.1995.

(2.) A memorandum of charge was served containing charges against the petitioner. According to the charges, the petitioner attempted to kill his wife, Indu Devi. He thought that she is dead. He performed her last rite at his native village. But after sometime, his wife was found admitted in Ranchi Medical College and Hospital. An F.I.R. was lodged against the petitioner and a case was registered as Paliganj P.S. case no. 89 of 1995 under sections 498A, 307,325 and 34 of the Indian Penal Code, an act and deed unbecoming of a police personnel, which amounts to serious indiscipline, breach of duty and misconduct.

(3.) THE written explanation, submitted by the petitioner, was not accepted and the petitioner was subjected to further enquiry. The criminal case lodged against the petitioner also proceeded in the court.