BHUPENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The short question that arises for our decision in this writ application is as to whether respondent No. 2, a Superintendent of Police, could pass an order of suspension against the petitioner, who was a Sergeant, in the course of a departmental enquiry conducted by him.

(2.) The petitioner, an ex-Military personnel, was appointed in the year 1975 by the Deputy Inspector-General (Administration) of Police, Bihar, and at the relevant time he was posted at Bhagalpur to the post of a Sergeant and was acting as the Motor Transport Officer of the district force. He was also incharge of vehicles, petrol, garments, etc. and was also provided with residential quarters in the Police Lines, Bhagalpur. On 16.5.1977, according to the case of the petitioner, one Ram Nagina Singh, Reserve Sub-Inspector of Police Lines, Bhagalpur, and his sons were plucking mango fruits from a tree in the compound of the petitioner's quarters who on his protest, abused and assaulted him and sanatched away his wrist watch and some money from bis pocket. The petitioner reported the matter in writing to the Superintendent of Police, Bhagalpur, on the same day, but inasmuch as he was out of station, the Deputy Superintendent of Police, who was incharge of the office ordered an enquiry by another Deputy Superintendent of Police.

(3.) The petitioner also filed a petition of complaint against the aforesaid Ram Nagina Singh and his two sons in the court of the Chief Judicial Magistrate, Bhagalpur, on 17.5.1977 under Sections 323/376/504 and 448 of the Indian Penal Code.