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2011 Supreme(Pat) 2309

V.N.SINHA
Binay Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Ramakant Sharma, Rajesh Kumar, Lakshmikant Sharma, Narendra Kumar Singh.
For the State : M/s Pushkar Narain Shahi, Dhirendra Kumar.

ORDER

Heard learned counsel for the petitioners and the State.

2. At the relevant date i.e. 15.3.1994 petitioners were serving as Constable with the Government Railway Police and were assigned the duty to escort 302 Down Gorakhpur Hawrah Express. They have filed this writ petition questioning the order dated 18.7.2003, Annexure-14 passed by the Superintendent of Police, Railways, Jamalpur removing them from service. They have also challenged the order dated 2.9.2004, 15.3.2007 passed by the D.I.G., Railways and Director General-cum-Inspector General, Bihar, Patna, Annexure- 15, 16 respectively dismissing their appeal, memorial filed against the removal order. Before removal of the petitioners, they were served with the memo of charge under Memo No. 17 dated 20th February, 2000, Annexure-4, wherefrom it appears that two separate departmental proceeding no. 85, 86 of 1999 was initiated against the petitioners. Perusal of memo of charge dated 20th February, 2000 indicates that petitioners along with two others while escorting 302 Down Gorakhpur Howrah Express on 15.3.1994 searched Sanjay Kumar Burman, his co-passenger traveling from Chapra in possession of 12 Kg. Silver and asked them t








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