1. The writ petitioner-Javed Shaukat was in the services of the appellant- State of Bihar as a literate constable. During the relevant time, in the year 1993 he was assigned the job of bodyguard of Additional Chief Judicial Magistrate, Khunti, On 13th October, 1993, one FIR was lodged against him at the Gumla Police Station by one Shailesh Kumar Singh alleging, inter alia, that his sister, namely, Anita Kumari was kidnapped by one Umer Khan, a driver of the bus. In course of the investigation, it was found that an offence under Section 376, IPC was committed and the involvement of petitioner Javed Shaukat also came to light. The petitioner was charge-sheeted under Sections 363, 366-A and 376/120-B of the Indian Penal Code.

2. The petitioner requested to stay the departmental proceeding, as for the same set of charge and on the basis of same evidence, criminal case was instituted and pending before a competent criminal Court. However, such prayer was not accepted. The departmental proceeding held in respect of criminal offence, i.e. charge under Sections 363, 366-A, 376/120-B, IPC and on the basis of enquiry report the petitioner was dismissed from service vide District Order