# Daltonganj Railway Police Constable vs State of Jharkhand and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2012-0033](https://datalibertarian.in/babuwatch/incident/CW-2012-0033)

## Report card

By judgment dated 28 August 2012 in W.P.(S) No. 417 of 2011, the Jharkhand High Court (Coram: Alok Singh, J.) upheld the disciplinary action taken against the Constable, Daltonganj Railway Police.

- Register number: JH 03 CW 0003
- Case reference: W.P.(S) No. 417 of 2011
- Court and date: Jharkhand High Court (Coram: Alok Singh, J.), 28 August 2012
- Officer(s) at the material time: Constable, Daltonganj Railway Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 307 of the Indian Penal Code, 1860; Section 353 of the Indian Penal Code, 1860; Section 504 of the Indian Penal Code, 1860; Section 506 of the Indian Penal Code, 1860; Section 27 of the Arms Act, 1959
- Finding of the Court (extract): “Charge of firing from the Government rifle stands proved in view of the Ballistic report. Charge regarding consuming liquor while on duty is also proved by the medical report. Therefore, simply because the petitioner has been acquitted in the criminal …” (at para n/a)
- 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://indiankanoon.org/doc/94809999/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2012-0033)

**Record:** CW-2012-0033 (compiler id CWC-0995); case GAP3-104-010
**Title:** Daltonganj Railway Police Constable vs State of Jharkhand and Others
**Court:** Jharkhand High Court; judges: Alok Singh
**Case number / citation:** W.P.(S) No. 417 of 2011
**Judgment:** 2012-08-28 (2012, day precision)
**Incident date:** 2004-02-05 (2004)
**Place:** Palamu, Jharkhand (district at time: Palamau); city town: Daltonganj (Medininagar); police station or unit: Daltonganj Railway Police; force: railway
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** IPC 307; IPC 353; IPC 504; IPC 506; Arms Act s.27
**Officers (gated display forms):** Constable, Daltonganj Railway Police (1 in record)
**Victims:** Daltonganj resident (1 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The judgment of the Jharkhand High Court records the following account. Railway policeman, on duty with Daltonganj Railway Police on 5 February 2004, allegedly abused Inspector while drunk, then fired a round from Government Rifle No. 1309438 before colleagues overpowered him; medical examination found him drunk and ballistic opinion matched the cartridge to his rifle. He was dismissed in April 2006 and his appeal rejected, though a criminal court acquitted him under the Arms Act as no witness appeared. The Jharkhand High Court found the departmental charges of unauthorised firing and on-duty drunkenness proved on ballistic and medical evidence, distinguishing them from the criminal charge. The Court held acquittal alone was no ground to set aside the dismissal and dismissed the writ petition in limine. Matters not addressed in the cited judgment text are not recorded here.

> Charge of firing from the Government rifle stands proved in view of the Ballistic report. Charge regarding consuming liquor while on duty is also proved by the medical report. Therefore, simply because the petitioner has been acquitted in the criminal trial is not a ground to set aside the order of dismissal.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/94809999/)
**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:** n/a
**display title redacted:** Daltonganj Railway Police Constable vs State of Jharkhand 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': \['officers'\]}
**followup status:** checked
**institutional response:** {'date': '2012-08-28', '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': 'W.P.(S) No. 417 of 2011', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/94809999/', '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:** Jharkhand HC dismissed writ in limine; dismissal for drunken unauthorised firing upheld despite criminal acquittal.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2012-0033](https://datalibertarian.in/babuwatch/incident/CW-2012-0033)