Dharmendra Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6811 of 2019 ====================================================== Dharmendra Kumar Ray, son of Sri Bikrama Ray, resident of Village Gujuroo, P.O. and P.S.- Kachhawan, District Rohtas, PIN- 821309. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Government of Bihar, Patna.

2.

The Deputy Inspector General, Military Police (Kendriya Mandal), Patna. 3.

The Commandant, B.M.P.- 4 Dumraon (Buxar).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anurag Pandey, Advocate For the Respondent/s :

Ms. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 26-04-2019 The petitioner, a Constable, is aggrieved by the order dated 30.08.2016 passed by the Commandant, BMP4, Dumraon whereby he has been subjected to a punishment of withholding of one increment which is equal to one black mark as also against the order dated 23.04.2018 passed by the DIG, BMP, Patna, affirming the aforesaid punishment imposed upon the petitioner, in appeal.

2. The petitioner is alleged to have come on duty without his identity viz. weapon and proper police dress.

3. The explanation offered by the petitioner was not accepted and as a measure of disciplining the police force, the aforesaid punishment was awarded to the petitioner.

Patna High Court CWJC No.6811 of 2019 dt.26-04-2019 2/2

4. The domestic proceeding was held in accordance with law and only after all aspects were gone into, the impugned orders have been passed.

5. This Court does not wish to interfere with the impugned orders for the simple reason that it would only create indiscipline in the police force. The punishment also is not disproportionate to the charges levelled against the petitioner. A police Constable, who is posted with the Captain of the police of the District is expected to be always on guard and not display such torpor in discharge of his duties.

6. The writ petition stands dismissed.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27/04/2019