M.Y.EQBAL, J. - (1.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment passed in CWJC No. 8818/98 whereby the learned Single Judge dismissed the writ petition and refused to interfere with the punishment imposed upon the appellant in a departmental proceeding.
(2.) THE facts of the case lie in a narrow compass: The appellant was posted on deputation as night guard along with others. F.I.R. was lodged on the basis of a Fard Beyan of one Hurni Devi wife of Jhabbu Rai of village Balthar of Manoharpur Police Station alleging therein that the appellant, while he was deputed along with Arms Guards, absconded from his duty and tress -passed in the house of one Hurni Devi and caught her left hand with bad intention. She raised alarm on which the appellant was caught and he was brought by the villagers to the Police Station in drunken condition. On the basis of the said fardbeyan a criminal case was instituted being Manoharpur Police Station case No. 91 of 1989 for the offence under Sections 448 and 354 of the Indian Penal Code. A departmental proceeding was initiated against the appellant. He was charged for escaping from duty on 2.6.1989 at 7.00 p.m. without permission. Further charge was that about 30 -35 villagers brought the appellant to the police station at 1.00 a.m. in drunken condition who told that the appellant entered into the house of Hurni Devi and caught her hand with bad intention due to which she woke up and raised alarm. The charges of dereliction of duty and moral turpitude have been proved in the departmental proceeding and finally the disciplinary authority imposed punishment of dismissal from service.
(3.) THE appellant then preferred departmental appeal which was dismissed by order dated 2.7.1996. The appellant thereafter filed revision and the Revisional Authority, after considering the points raised by the appellant, found no merit and dismissed the revision petition. The said orders were challenged by the appellant by filing the aforementioned writ petition.;