High CourtsDivision Bench(2003) 09 PAT CK 0002

Ashok Kumar Thakur vs Union of India (UOI) and Others

Patna High Court · Decided on 8 September 2003 · Citation: (2004) 1 PLJR 205

HON’BLE JUDGES
Ravi S. Dhavan, C.J · Shashank Kr. Singh, J
RESULT
Dismissed
CASE NUMBER
L.P.A. No. 814 of 2003

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Judgment

7 paragraphs · 227 words
1.

The Court can hardly certify that learned Judge has committed any error in the order passed on the writ petition.

2.

The charge against the Petitioner was that he attempted to kill a Sub-Inspector of Police from his service revolver. This was a serious charge of misconduct. An inquiry proceeding was held. The Petitioner had even filed an appeal against the order on the inquiry which did not succeed. The Petitioner faced a dismissal order.

3.

The relief was not granted on the writ petition as learned Judge was of the view that the contention on the writ petition of any lack of opportunity was not bona fide as the record was writ large of the opportunities to the Petitioner.

4.

Conspicuous by its absence the Petitioner has kept away the reply which he filed to answer the charge in the disciplinary proceedings.

5.

Further, the Court has not gone into the aspect whether this petition was maintainable or not and if the Petitioner is in theservice under the Union of India then the appropriate remedy for the Petitioner ought to have been under the Central Tribunals Act, 1985. But this order on the Letters Patent Appeal is only in the context of order on the writ petition.

6.

The Petitioner can hardly contend that the order on the writ petition is in error.

7.

Dismissed.