ARBIND KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) At the relevant time, petitioner was posted as Constable with the Motihari District Police. He has filed this writ petition questioning the dismissal order, bearing Memo No. 529/P-2 dated 31.1.2006, Annexure-A-7 passed by the Director General-cum-lnspector General of Police, Bihar, Patna, in exercise of power under Rule 853A of the Bihar Police Manual, 1978, as the punishment imposed on him by the Superintendent of Police, East Champaran, Motihari under Memo No. 1947 dated 21.7.2003, Annexure-2 has been found to be inadequate by the Director General-cum-lnspector General of Police. It appears petitioner was departmentally proceeded under departmental proceeding no. 58 of 2002 for his complicity in Raxaul P.S. Case No. 20 of 2002 dated 13.2.2002 registered for the offence under Sections 364(A), 120B/34 of the Penal Code for abduction of Ajay Kumar in which the personal telephone of the petitioner installed at his Chapra home was found to have been used for demanding ransom. During investigation of the said case, it was also found that Ajay Kumar was confined at the house of the petitioner for few days. During investigation it further transpired that petitioner had intimate relationship with non-F.I.R. accused of Raxaul P.S. Case No. 20 of 2002 Madan Rai who was also accused in several other cases. In the light of the aforesaid material and other material including extra-judicial confession of non-F.I.R. accused Sunil Kumar Rai petitioner was proceeded against departmentally and punishment order dated 21.7.2003 was passed and the three increments of the petitioner was withheld, which is equivalent to three black marks.

(3.) The D.I.G., Champaran Range was not satisfied with the quantum of punishment imposed on the petitioner and invoking his power under Rule 853A forwarded the departmental proceeding file of the petitioner to the D.G.-cum-I.G. for enhancing the punishment imposed on the petitioner under his recommendation dated 7.1.2005.