# Jharkhand Police Constable v. State of Jharkhand and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2017-0039](https://datalibertarian.in/babuwatch/incident/CW-2017-0039)

## Report card

By judgment dated 8 December 2017 in W.P.(S) No. 3946 of 2009, the Jharkhand High Court (Coram: Anil Kumar Choudhary, J.) upheld the disciplinary action taken against the Constable, Jharkhand Police, Bara Jamda Out Post (Reserve Guard), West Singhbhum.

- Register number: JH 06 CW 0003
- Case reference: W.P.(S) No. 3946 of 2009 / 2018 (2) AJR 187
- Court and date: Jharkhand High Court (Coram: Anil Kumar Choudhary, J.), 8 December 2017
- Officer(s) at the material time: Constable, Jharkhand Police, Bara Jamda Out Post (Reserve Guard), West Singhbhum
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Article 226 of the Constitution of India
- Finding of the Court (extract): “Certainly a police personnel who meekly surrenders fire arms of police to miscreants armed with simple weapons like knife, lathi(danda) and chain without any resistance is a liability to any police force and such a person is a burden which …” (at para 11)
- 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/135345609/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2017-0039)

**Record:** CW-2017-0039 (compiler id CWC-1044); case GAP3-105-045
**Title:** Jharkhand Police Constable v. State of Jharkhand and Others
**Court:** Jharkhand High Court; judges: Anil Kumar Choudhary
**Case number / citation:** W.P.(S) No. 3946 of 2009 / 2018 (2) AJR 187
**Judgment:** 2017-12-08 (2017, day precision)
**Incident date:** 2004-03-31 (2004)
**Place:** West Singhbhum, Jharkhand; city town: Bara Jamda; police station or unit: Bara Jamda Out Post (Reserve Guard); force: state_police
**Category:** Other misconduct
**Sub-category:** dereliction evidence tampering
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** Constitution Art. 226
**Officers (gated display forms):** Constable, Jharkhand Police, Bara Jamda Out Post (Reserve Guard), West Singhbhum (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

Constable, Reserve Guard at Bara Jamda Out Post, West Singhbhum, was dismissed on 24.09.2007 after a departmental enquiry found he was watching TV instead of reporting for his 2-4 pm duty when MCC militants attacked the post on 31.03.2004 and looted nine rifles, a revolver and cartridges. His departmental appeal was rejected on 13.06.2009. The Jharkhand High Court held the Superintendent of Police was competent to dismiss him on proved charges of indiscipline, dereliction and negligence, that the findings were not based on no evidence, and that the punishment was not shocking. The Court found no apparent illegality in the enquiry procedure and dismissed the writ application, so the dismissal stands. Matters not addressed in the cited judgment text are not recorded here.

> Certainly a police personnel who meekly surrenders fire arms of police to miscreants armed with simple weapons like knife, lathi(danda) and chain without any resistance is a liability to any police force and such a person is a burden which no efficient police can shoulder.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/135345609/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** dereliction_evidence_tampering
**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:** 11
**display title redacted:** Jharkhand Police Constable v. 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': \[\]}
**followup status:** checked
**institutional response:** {'date': '2017-12-08', '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': '2018 (2) AJR 187', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/135345609/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** dereliction evidence tampering
**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 on Indian Kanoon; writ dismissed, dismissal for cowardice/negligence upheld.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2017-0039](https://datalibertarian.in/babuwatch/incident/CW-2017-0039)