Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties.
(2.) THE petitioner, who was a Constable posted at Gomoh Railway Police Station was proceeded against under departmental proceeding No. 1/2001 for 11 charges. The charges allege that on 24th December, 2000 at 17.15 Hrs. the petitioner while he was supposed to board in 3151 Up Sialdah Express for escort duty loaded his rifle and thereafter in unbecoming manner sat on the table at the railway police station, which was objected by the Officer Incharge. Thereafter, the reader present there and Officer Incharge were threatened with dire consequences as both of them had made report against him. He also aimed his rifle at the Officer Incharge with an intention to shoot but the Havildar and the other constables started running here and there on being scared, as a result he could not shoot at them. The petitioner kept on threatening the Havildar and the constables as well that they should leave soon, otherwise they would also face the consequences. The Reader, Mahendra Hazari in order to save himself went out on the platform and started running while the petitioner started chasing him. Had the platform be not full of passengers, he would have certainly been shot at. He again attempted to shoot at the officer Incharge, Lalit Kumar Singh, whereupon the Officer Incharge managed to get out of the police station and ran up to the office of Sub Inspector and fell unconscious. It is alleged that had these persons not made attempt to escape they would have been killed by the petitioner.
(3.) THE charge -sheet also refers to previous misconduct of the petitioner on 13th December, 2000; 3rd February, 2000 and 1st February, 2000 as well.;