LAWS(PAT)-2011-5-46

RAJ BALLABH SINGH Vs. STATE OF BIHAR

Decided On May 13, 2011
RAJ BALLABH SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS application has been filed by the petitioner for quashing the order dated 31.12.1996 contained in memo no. 4009 issued by the Superintendent of Police, Nawadah in a departmental proceeding initiated against him. By the impugned order the petitioner has been awarded punishment of dismissal from service.

(2.) THE impugned order has been challenged by the petitioner on the ground that he was not served with the inquiry report and the second show cause notice with the proposed punishment. On account of this procedural irregularity, serious punishment like dismissal from service is fit to be quashed, being arbitrary and illegal. THE impugned order has also been challenged being violative of Bihar Police Manual Rules as well as Rule of natural justice.

(3.) CONSIDERING these two statements, the allegation made by the petitioner that second show cause notice was not issued and served upon him is not correct.