DINESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 9/12/2014, issued by the Inspector General of Police, Bihar Military Police, Bihar, Patna (Respondent No. 4) whereby and whereunder the appeal filed by the petitioner has been dismissed as also for quashing the order dtd. 7/4/2014, issued by the Deputy Inspector General of Police, Military Police (Northern Division), Muzaffarpur (Respondent No. 5) whereby and whereunder the petitioner has been dismissed from service. The petitioner has also prayed for quashing the inquiry report dtd. 17/11/2012, pertaining to the departmental proceeding no. 3/2012, as also the supplementary inquiry report submitted by the Conducting Officer-cum-Dy. Superintendent of Police, BMP-8.

(2.) The brief facts of the case are that the petitioner was appointed as a Clerk in the office of the Superintendent of Police, Darbhanga on 13/2/1988. In between 16/2/2006 to 12/2/2007, the petitioner remained posted as Clerk in the office of the Superintendent of Police, Muzaffarpur and also worked as Accountant till 22/9/2006, whereafter, on 13/2/2008, he was transferred to BMP-8, Begusarai. On 1/10/2010, an FIR bearing Muzaffarpur Town P.S. Case No. 401/2010 was lodged against the then Accountant of the office of the Superintendent of Police, Muzaffarpur, namely, Sri Sushil Kumar Choudhary, on the allegation that he had embezzled public money by making manipulation in the pay bills. In the said FIR, some other constables and non-public servants were also made accused, but the petitioner was not named in the FIR. On 30/6/2011, the Commandant, Bihar Military Police-8, Begusarai (Respondent No. 6) asked for an explanation from the petitioner vide memo nos. 2681 and 2682, regarding non-renewal of the term deposit made with the Bank upon maturity and non-submission of compliance report, pursuant to an objection being raised by the Accountant General, regarding non-disposal of ten matters, pertaining to withholding of pay, regarding making lesser recovery than required to be made in order no. 1556/08 and taking cashier allowance of Rs.300.00 per month although it had been stopped since January, 2010. The petitioner is stated to have submitted his explanation on 29/8/2011 wherein he had stated that no loss had been caused to the Government and he was merely complying with the directions of the Superior Officers as also the petitioner is stated to have furnished cogent explanation, as would be apparent from his reply dtd. 29/8/2011.

(3.) The Additional Director General of Police, BMP, had then, by his letter dtd. 15/6/2011, communicated to the Respondent No. 6 regarding certain discrepancies in maintenance of accounts and an inspection report of the Transport Sec. and Accounts Sec. was submitted with a note that the Head Clerks / Accountant appears to be negligent towards their work. On the basis of the said inspection report, the Respondent No. 6, vide memo dtd. 15/9/2011, issued a memo of charge to the petitioner calling for an explanation from the petitioner and then the petitioner was suspended on 11/3/2012 in contemplation of initiation of a departmental inquiry, whereafter, he was served with a charge-sheet dtd. 20/3/2012, issued by DIG, Military Police (Northern Division), Muzaffarpur, containing the same and similar charges, which were levelled in the memo dtd. 15/9/2011 and the only new charge added in the memo of charge against the petitioner was regarding him having been made an accused in Muzaffarpur Town P.S. Case No. 401/2010. The petitioner had then surrendered in connection with the aforesaid Muzaffarpur Town P.S. Case No. 401/2010 and was released on bail, by an order dtd. 13/12/2012 passed by the Hon..be Patna High Court in Criminal Miscellaneous No. 33395 of 2012, whereafter he had submitted his joining on 26/12/2012.