RAMESH KUMAR MERATHIA, J. - (1.) IN this writ petition, the petitioner has challenged the order dated 30.9.1997 passed by the Inspector General, Central Industrial Security Force, Patna (respondent No. 2) as contained in Annexure -6 rejecting the revision petition of the petitioner and upholding the order dated 3.6.1996 contained in An -nexure -5 passed by the Deputy Inspector, Central Industrial Security Force, Bokaro Steel Plant, Bokaro Steel City (respondent No. 3) whereby the said appellate authority affirmed the order dated 19.2.1996 as contained in Annexure -4 passed by the Commandant/ADM, Central Industrial Security Force, Bokaro Steel Plant, Bokaro Steel City (respondent No. 4) dismissing the petitioner from service.
(2.) MR . R.S. Mazumdar, appearing for the petitioner, submitted that the said orders have been passed without taking into consideration the evidence on the record. He further submitted that the complainant himself did not identify the petitioner and, therefore, the order of dismissal should not have been passed. He further submitted that the defence witnesses were not considered in right perspective. He further submitted that the seizure list, duty chart and the forwarding letter with which the petitioner was sent for verification of the Gate Pass were not provided to him. Mr. Mokhtar Khan, learned Assistant Solicitor General, appearing for the respondents, on the other hand submitted that even if the complainant did not identify the petitioner, there were other evidences on record on the basis of which the impugned orders were rightly passed. He further submitted that this Court under writ jurisdiction may not interfere with the -concurrent findings of fact recorded by the original, appellate and the revisional authorities rand may not interfere with the punishment awarded.
(3.) THE case of the Management in short was as follows. On 13.9.1995 at about 10.30 hours, a contact labour, Sunil Kumar Rai of M/s. Puja Enterprises (PW 4) arrived at CEZ Gate of the plant on a motor cycle. Inspector/Exe. D. Dung Dung (PW 2) while checking the gate pass of the said contract labour noticed that he was having two gate passes, one for self and another in the name of his father for the vehicle. PW 2 gave both the gate passes to the petitioner who was on duty at the said gate along with the forwarding letter for verification from the Pass Section. The petitioner proceeded towards the Pass Section. On the way he met PW 4 and demanded/received Rs. 150.00 as illegal gratification for returning the seized gate passes. Thereafter the petitioner arrived at the CEZ gate. In the meanwhile, PW 4 went to Pass Section and lodged a complaint before Jagbir Singh, Deputy Commandant (PW 1) and asked whether he can use his father's gate pass for vehicle or not. He replied that he cannot use his father's gate pass for the vehicle and thereafter PW 4 informed PW 1 about the money he had given to the petitioner for getting back the gate passes. PW 1 took PW 4 to CEZ Gate at about 11 hours where PW 4 clearly recognised the petitioner as the one who had accepted Rs. 150.00 as illegal gratification. PW 1 called the petitioner in the office of the Coy. Commandant and enquired in the presence of PWs 2 and 3. The petitioner accepted his guilt and pleaded for mercy. PW 1 asked PW 3 to search the petitioner on which the petitioner himself took out from his pocket a sum of Rs. 160.00. Accordingly the money was seized and a seizure list was prepared which was signed by all the witnesses present there. ;