CHAITAN SOREN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment passed in CWJC No. 8818/98 whereby the learned Single Judge dismissed the writ petition and refused to interfere with the punishment imposed upon the appellant in a departmental proceeding.

(2.) THE facts of the case lie in a narrow compass: The appellant was posted on deputation as night guard along with others. F.I.R. was lodged on the basis of a Fard Beyan of one Hurni Devi wife of Jhabbu Rai of village Balthar of Manoharpur Police Station alleging therein that the appellant, while he was deputed along with Arms Guards, absconded from his duty and tress -passed in the house of one Hurni Devi and caught her left hand with bad intention. She raised alarm on which the appellant was caught and he was brought by the villagers to the Police Station in drunken condition. On the basis of the said fardbeyan a criminal case was instituted being Manoharpur Police Station case No. 91 of 1989 for the offence under Sections 448 and 354 of the Indian Penal Code.

(3.) THE appellant then preferred departmental appeal which was dismissed by order dated 2.7.1996. The appellant thereafter filed revision and the Revisional Authority, after considering the points raised by the appellant, found no merit and dismissed the revision petition. The said orders were challenged by the appellant by filing the aforementioned writ petition.