The State Of Bihar and Ors v. Om Prakash Singh

Judgment

2. Director General-cum-Inspector General of Police, Bihar, Patna.

3. Deputy Inspector General of Police, Railway, Patna.

5. Superintendent of Police Rail, Muzaffarpur.

Sri Bhudeo Tiwari, Rail Deputy Superintendent of Police, Sonepur. Versus Om Prakash Singh S/o Sri Suresh Singh, Resident of Village- Musa Mathawa, P.S.- Darauli, District- Siwan. ... ... Appellant/s ... ... Respondent/s : : Mr.Sunil Kumar Ac To Ga 12 Mr.Y.V. Giri, Sr. Adv ====================================================== Appearance : For the Appellant/s For the Respondent/s Mr. Sumit Kr Jha, Adv Ms. Riya Giri Mr. Ravi Bhushan Bharah ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 19-03-2024 Matter is of the year 2018 it is a State appeal there is no assistance from the State counsel.

2. We have perused the records. Petitioner and another were subjected to disciplinary proceedings for alleged misbehaviour with female while they are on duty and the same was noticed by the Officer-In-Charge and he had recovered the female and recorded her version. Thereafter, respondent Sri Om Prakash Singh and Jaishankar Prasad Trivedi were subjected to Patna High Court L.P.A No.1445 of 2018 dt.19-03-2024 disciplinary proceedings and it has attained finality in imposition of penalty of removal from service on 04.03.2002. Appeal against removal order was dismissed on 06.05.2002 and memorial was also rejected on 05.10.2002. Thereafter, respondent no. 5, Sri Om Prakash Singh, preferred CWJC No. 1747 of 2003 and it was decided on 22.02.2018. Learned single judge has allowed his writ petition while setting aside the punishment order dated 04.03.2002 and appellate authority’s order dated 06.05.2002 on the score that victim was not examined and so also officer-in-charge ,Shri Thakur, who had examined the victim and recorded her statement. The same has been narrated in para 4 of the judgment dated 22.02.2018 passed in C.W.J.C. No. 1747 of 2003. In other words, punishment order, appellate authority memorial order are set aside on technicality to the extent that non-examination of prime witness. In such circumstances, Hon’ble Supreme Court in the case of Managing Director, ECIL V. B. Karunakar reported in (1993) 4 SCC 727 read with Chairman-cum-Managing Director, Coal India Limited & Ors. V. Ananta Saha and Others reported in (2011) 5 SCC 142 para 48 to 50, it is held as under: