AKHILESH KUMAR SINGH Vs. STATE OF JHARKHAND
LAWS(SC)-2007-12-74
SUPREME COURT OF INDIA
Decided on December 14,2007

AKHILESH KUMAR SINGH Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

S.B. Sinha, J. - (1.) Leave granted.
(2.) Appellant herein was working as a writer constable in the Bihar Military Police at Bokaro Steel City. A Departmental proceeding was initiated against him on the following imputation of charges: (1) While he was posted in March 1985 in C Company made an entry in general diary with regard to arrival of S.I. (S), R.B. Sahu, Company Commander on 28.3.1985. Before opening the diary, column in which details of Ohededar and officers are being filled, he shown presence of S.I. (S) Sahu at the company head quarter, but on the same day, as per the entry No. 700 his arrival is shown at 8.45 O-clock. This entry No. 700 was recorded two times, on first time it was 8.45 and on second time it was at 9.30. Entry No. 700 recorded at 8.45 is certainly inserted later on. (2) According to his statement when he was posted at Dhanbad with his C Company, he was out from the company headquarter from 14.12.84 to 16.12.84 and from 9.1.85 to 12.1.85 as per the order of Company Commander, Sh. Sahu. Despite the same he shown his presence in Company Headquarter and claimed for food allowance and obtained the same. (3) From C Company Aurangabad he was directed by Command No. 227376 with constable 576 Kaushal Kumar and Vahini Mukhyalaya. He along with Constable No. 576 Kaushal Kumar returned on 24.3.84, their arrival is shown on 26.3.85 at 9.00 a.m. On the voucher of food allowance for the said period payment was made and obtained which is a forgery.
(3.) In the said departmental proceeding, he was found guilty of all the charges. He admitted the charges in relation to charge No. 2. He was found guilty of other charges also. The appointing authority, relying on the report of the Enquiry Officer, passed a final order on or about 31.8.1987 dismissing him from service.;


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