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1998 Supreme(Pat) 550

ASOK KUMAR GANGULY
Shyam Deo Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s Teg Bahadur Singh, Ram Hriday Prasad, Dharbendra Kumar & Pranav Kumar.
For the Respondents: M/s. R.K. Datta, Shambhu Kumar & Ajit Kumar Sinha.

JUDGMENT

A.K. Ganguly, J.

This writ petition has been filed by the petitioner challenging his order of dismissal as also the order passed by the appellate and the revisional authority confirming the said order and also the final order passed by the Director General of Police (Annexure-6) on his memorial. The charge against the petitioner is one of disobedience of command and remaining absent for 22 days.

2. Learned counsel for the petitioner submits that the departmental proceeding which was conducted against the petitioner in respect of the aforesaid charges was conducted improperly and unfairly and illegally without intimating the date of examination of the prosecution witness Ram Ratan Singh and without supplying him copy of the deposition and without fixing the date of examination of defence witnesses. The petitioner has stated in paragraphs 6, 9 and 14 of the writ petition that the Enquiry Officer suppressed the real position and claimed to have sent intimation at the home address of the petitioner whereas the petitioner was attending the police line learned counsel further submitted that the finding of the Enquiry Officer has also not been served upon him. Such non-furnishing of


















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