# Bihar Military Police Constable vs State of Bihar and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2004-0012](https://datalibertarian.in/babuwatch/incident/CW-2004-0012)

## Report card

By judgment dated 18 May 2004 in C.W.J.C. No. 1844 of 2000 (P), the Jharkhand High Court (Coram: Amareshwar Sahay, J.) upheld the disciplinary action taken against the Constable, Bihar Military Police-3, Govindpur, Dhanbad.

- Register number: JH 02 CW 0001
- Case reference: C.W.J.C. No. 1844 of 2000 (P) / 2004 (3) JCR 511 Jhr
- Court and date: Jharkhand High Court (Coram: Amareshwar Sahay, J.), 18 May 2004
- Officer(s) at the material time: Constable, Bihar Military Police-3, Govindpur, Dhanbad
- Present service status: Recorded in the cited sources as compulsorily retired.
- Provisions invoked: Not stated in the cited sources
- Finding of the Court (extract): “The disciplinary authority has very carefully considered the materials on the record then had come to a definite finding of fact holding the petitioner guilty.” (at para 13)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://www.legalindia.com/judgments/bijendra-singh-vs-state-of-bihar-through-home-on-18-may-2004); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2004-0012)

**Record:** CW-2004-0012 (compiler id CWC-0977); case GAP3-101-007
**Title:** Bihar Military Police Constable vs State of Bihar and Others
**Court:** Jharkhand High Court; judges: Amareshwar Sahay
**Case number / citation:** C.W.J.C. No. 1844 of 2000 (P) / 2004 (3) JCR 511 Jhr
**Judgment:** 2004-05-18 (2004, day precision)
**Incident date:** 1996-05-08 (1996)
**Place:** Hazaribagh, Jharkhand; city town: Hazaribagh; police station or unit: Bihar Military Police-3, Govindpur, Dhanbad (on deputation at D.A.V. School, Hazaribagh); force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Officers (gated display forms):** Constable, Bihar Military Police-3, Govindpur, Dhanbad (1 in record)
**Victims:** Hazaribagh man (1 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The judgment of the Jharkhand High Court records the following account. On 8 May 1996, while on deputation at D.A.V. School, Hazaribagh, during the Lok Sabha elections, BMP constable abused and pushed down constable and later that night assaulted the sleeping constable on the chest with boots, hospitalising him till 13 May 1996 (station diary No. 290/96, Sadar Police Station). The enquiry officer gave benefit of doubt, but the Commandant disagreed and dismissed him on 7 April 1998; the appellate authority confirmed guilt while reducing dismissal to compulsory retirement on 3 November 1998. The Jharkhand High Court (Amareshwar Sahay, J.) held the disciplinary authority had stated reasons for disagreement in the show-cause notice with opportunity to reply, had carefully considered the record including eyewitness evidence, and that a writ court cannot substitute findings of fact. The writ application was dismissed on 18 May 2004, leaving compulsory retirement undisturbed; the 1996 incident pre-dates Jharkhand's formation, hence the State of Bihar respondent. Matters not addressed in the cited judgment text are not recorded here.

> The disciplinary authority has very carefully considered the materials on the record then had come to a definite finding of fact holding the petitioner guilty.

**Sources (1):** [legalindia.com](https://www.legalindia.com/judgments/bijendra-singh-vs-state-of-bihar-through-home-on-18-may-2004)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 13
**display title redacted:** Bihar Military Police Constable vs State of Bihar and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2004-05-18', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Jharkhand High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Jharkhand High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': '2004 (3) JCR 511 Jhr', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://www.legalindia.com/judgments/bijendra-singh-vs-state-of-bihar-through-home-on-18-may-2004', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Judgment verified; compulsory retirement for assault on fellow constable upheld (Bihar-era incident, Jharkhand HC decision).
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2004-0012](https://datalibertarian.in/babuwatch/incident/CW-2004-0012)