PATNA, India, Sept. 22 -- Patna High Court issued the following judgment on Aug. 22:
This Court has heard Mr. Ramakant Sharma, learned Senior Advocate with Mr. Rakesh Kumar Sharma, learned Advocate for the petitioners and Mr. Shailesh Kumar, learned Advocate as well as Mrs. Babita Kumari, learned Advocate for the State.
2. Since both the impugned orders inflicting the punishment of dismissal from services are arising out of the one and the same occurrence, leading to identical charges and departmental proceeding in the premise of similar facts, hence both the writ petitions are being heard together and disposed off by this common order.
3. In CWJC No. 1208 of 2021, the challenge is made to the order contained in Memo No. 286 dated 27.02.2020, passed by the Superintendent of Police, Rail, Muzaffarpur, whereby and whereunder, in pursuant to Departmental Enquiry No. 16/2019, the petitioner has been inflicted with the punishment of dismissal. The appeal preferred by the petitioner also came to be rejected vide order contained in Memo No. 173 dated 26.05.2020, issued under the signature of respondent no. 3, The Additional Director General of Police, Law & Order, Bihar, Patna. The challenge is also made to the aforesaid order along with the memo of charge.
4. In CWJC No. 1528 of 2021, the challenge is made to the order contained in Memo No. 287 dated 27.02.2020, passed by the Superintendent of Police, Rail, Muzaffarpur, whereby and whereunder, in pursuant to Departmental Enquiry No. 14/2019, the petitioner has been inflicted with the punishment of dismissal. The appeal preferred by the petitioner also came to be rejected vide order contained in Memo No. 172 dated 26.05.2020, issued under the signature of respondent no. 3, The Additional Director General of Police, Law & Order, Bihar, Patna. The appellate order as well as the memo of charge, are also put to challenge, herein.
5. The short facts, which led to the filing of the present writ petitions, as culled out from the materials available on record, are summarized hereinbelow:-
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