AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE petitioner, a constable in Bihar Military Police, was proceeded departmentally for the following charges : "(i) That while on deputation to D.A.V. School, Hazaribagh on 8.5.1996 at 19.45 Hrs. he abused and pushed down constable 104 Fuleshwar Mandal. (ii) That the same night while constable 104 Fuleshwar Mandal was asleep he assaulted him on his chest by his boots with the result that constable Mandal had to be shifted to hospital by the Sargent Major, Hazaribagh for first aid. As the paid of constable Mandal continued next day also he was admitted in the Hospital and was discharged on 13.5.1996 A gist of his incident was recorded in station diary No. 290/96; dated 9.5.1996 of Sadar Police Station." After conclusion of the departmental enquiry, the Enquiry Officer submitted his report as contained in Annexure -2 whereby he gave benefit of doubt to the petitioner.
(3.) THE Disciplinary Authority after considering the entire materials as well as the report of the enquiry officer disagreed with the findings of the Enquiry Officer and held that the charges against the petitioner were established. Thereafter, a notice to show cause was issued to the petitioner, as to why he should not be dismissed from the service. The petitioner submitted his show cause, and, therefore, the Commandant, Bihar Military Police -3, Govindpur, Dhanbad -cum -the Disciplinary Authority after holding that the charges had been proved and then after finding the charges to be very serious in nature he passed an order for dismissal of the petitioner from service vide order dated 7.4.1998 (Annexure -4).;