Arbind Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.356 of 2018 In Civil Writ Jurisdiction Case No.10454 of 2014 ====================================================== Arbind Kumar Singh, son of Bachchu Singh, resident of village Malikpur P.S. Rajgir District Nalanda.
... ... Appellant/s
Versus
1. The State of Bihar .
2. The Director General of Police (D.G.P.) cum I.G. Bihar, Patna.
3. The Deputy Inspector General of Police cum Deputy Superintendent (Administration) Police Eastern Range Bhagalpur.
4. The Senior Superintendent of Police, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Pankaj Kumar, Advocate For the Respondent/s :
Mr. Suman Kumar Jha, A.C. to AAG-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-07-2018 Delay of 71 days in filing of this appeal is condoned. I.A. No. 4897 of 2018 stands allowed and disposed of.
Exercising the powers available under Article 311(2)(b) of the Constitution the Disciplinary Authority for recorded reasons which are reasonable and made out from the material available on record has dismissed the petitioner from service. Petitioner, a member of the disciplined force, used his official rifle in a drunken condition, came into the busy streets of the town at 3:00 P.M. and fired 10 rounds. Efforts of senior
Patna High Court LPA No.356 of 2018 dt.20-07-2018 2/2 officials and colleagues to control him did not yield any result and, therefore, First Information Report was lodged. He was arrested and criminal proceedings are pending. Taking note of the aforesaid, the competent authority by recording cogent reasons has exercised his power under proviso to Clause (b) of Article 311(2) of the Constitution of India and dismissed him from service. The learned Writ Court examined the entire records and found no error warranting interference. We also see no ground to make indulgence into the matter looking to the manner in which the petitioner is said to have acted with regard to the incident in question. Accordingly, finding no error in the impugned order, the Letters Patent Appeal stands dismissed. (Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 28.07.2018 Transmission Date