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2004 DIGILAW 921 (PAT)

Babu Lal Choudhary v. State Of Bihar

2004-09-08

NARAYAN ROY

body2004
Judgment 1. Heard counsel for the parties. 2. This writ application is directed against the orders, as contained in annexures 6 and 8 dated 16.2.1998 and 30.1.1999 respectively. 3. By order, as contained in annexure 6, the appellate authority has modified the order of dismissal of the petitioner and awarded punishment of compulsory retirement to him under the provisions of Rule 854(A)(6) of the Bihar Police Manual (hereinafter to be referred to as "Manual") and vide order, as contained in annexure 8, the appeal filed by the petitioner against the order of compulsory retirement has been dismissed. 4. The petitioner was proceeded against departmentally on the charge that he was collecting money from the passengers of Patna Mokama Train. It appears that on 21.12.1996 the Superintendent of Railway Police, Patna along with the police force caught the petitioner at Bakhtiarpur Railway Station collecting money from the. passengers. On this basis, articles of charges were served upon the petitioner and in course of inquiry charges were found proved against him. The Inquiry Officer submitted his report before the disciplinary authority, pursuant to which the petitioner was dismissed from services. However, in appeal the order of dismissal of the petitioner from services was modified and punishment of compulsory retirement was awarded to him. 5. Learned counsel for the petitioner submitted that some of the witnesses were examined by the petitioner and they have not supported the case. It is further submitted that on the fateful day, the petitioner was on leave and was going to attend his ailing mother. 6. Learned counsel for the State with reference to the original records of this case submitted that the petitioner had never applied for leave and on the fateful day i.e. on 21.12.1996 he was caught red handed realising money from the passengers and this has fully been proved by the witnesses examined by the Department. 7. From the materials on record, it appears that the police party, who were accompanying the Superintendent of Railway Police, have proved the charges against the petitioner. It further appears that the disciplinary authorities after applying the Rules of Law and observing the principles of Natural Justice passed the orders impugned. 8. 7. From the materials on record, it appears that the police party, who were accompanying the Superintendent of Railway Police, have proved the charges against the petitioner. It further appears that the disciplinary authorities after applying the Rules of Law and observing the principles of Natural Justice passed the orders impugned. 8. Rule 854(A)(6) of the Manual provides punishment of compulsory retirement from services and the authorities in view of this provision took a lenient view of the matter and substituted the order of punishment of dismissal of the petitioner from services by his compulsory retirement. 9. The authorities, as it appears, have taken lenient view of the matter and at the face of the materials on record, I do not find sufficient grounds to interfere with the orders impugned. 10. This application is, accordingly, dismissed.