Point of Law: Service matter - Misconduct - Order of Termination from service quashed - Period of probation has been extended on account to their inefficient discharge of duty nor any record has been brought to show that performance of probationer constables was not upto marks but, only real fact are coming out from record that it is incident, in which all police personnel involved, was foundation of termination of service of probationer constables and their termination is held to be illegal and same is quashed.

JUDGMENT :

The petitioners are constables in two categories; first, large number of petitioners are probationers and four of them are permanent constables.

2. In the present case, all the probationers and permanent constables having been terminated from the service on account of an indent took place in new Police Line on 02.11.2018.

3. In all the writ petitions, the facts are identical as also the reasons for termination of service are the same. There is no deviation of the facts, so the facts of C.W.J.C. No.23925 of 2018 is being taken into consideration, if necessary, the facts of other cases will also be taken into consideration.

4. The probationer and permanent constables are challenging the order of termination contained in Memo no. 13624 dated 04.11.2018 (Annexure-11) issued under the signature of Senior Superintendent of Police, Patna, whereby altogether, 164 probationer constables have been terminated and by the same authority vide order contained in Memo No.13625 dated 04.11.2018, four permanent constables having been dismissed from the service.

5. The facts of these cases runs in the following terms;-

That on 02.11.2018, one lady constable namely, Sabita Kumari Pathak, constable No.1591 died in Udayan Hospital, Patna, as it appears from the record that she had gone for leave on account of her illness, when she reported she was posted at her work place and whereafter her condition deteriorated and ultimately she died while getting treatment in Udayan hospital, Patna. On that account, large number of trainee constables assembled at new police line at Patna around 9:15 A.M. and indulged in the act of hooliganism and violence. They attacked on Dy. S.P. (trainee) in his office with lathi, danda and stones, grievously injured the police personnel posted there including the staffs and employees and went on damaging C.C.T.V. cameras and computers and also tore important files. They were indulged in damaging the Government vehicles parked outside the office and went to the extent of beating the Dy. S.P. and his family. When he tried to hide himself in his residence, he was inflicted head injury and also destroyed his home articles. The Dy. S.P. along with his wife and daughters were admitted in the hospital for severe head injuries. When, City Superintendent of Police and other police officers, on call, reached the place, tried to pacify the mob, they not only defied the request and orders but, also indulged in brick-batting and injured those police personnel and damaged their vehicles. All the incident has been recorded in different C.C.T.V. cameras, that led to institution of four criminal cases viz. (i) Budha Colony P.S. Case No.435 of 2018 under Sections 147, 148, 149, 188, 341, 323, 325, 332, 333, 337, 338, 353, 427, 419, 450, 451, 452, 461, 120(B) IPC and under Section 3 / 4 of the Damage to Public Property Act; (ii) Budha Colony P.S. Case No. 436 of 2018 under Sections 147, 148, 149, 188, 341, 342, 323, 324, 325, 307, 306, 332, 333, 337, 338, 353, 427, 419, 450, 451, 452, 461 and 120(B) IPC and under Section 3 / 4 of the Damage to Public Property Act; (iii) Budha Colony P.S. Case No. 437 of 2018 under Sections 147, 148, 149, 341, 323, 307, 306, 353, 427, 419, 450, 451, 452, 461, 120(B) IPC and (iv) Budha Colony P.S. Case No. 438 of 2018 under Sections 147, 148, 149, 341, 427 and 504 IPC.

After that, when they were brought under control, the Town Senior Superintendent of Police, West Patna, submitted a report dated 04.11.2018, in which he has given the details of facts and reasons for aggression of the persons damaging the properties and also assaulting the Senior Officers including their family members. In the report, it has been submitted that the administration identified the probationer constables and the permanent constables indulged in the wrong acts. It also appears that a report was also submitted by the Town Superintendent of Police, Patna Range, Patna, vide report dated 03.11.2018 to the Senior Superintendent of Poli