(1.) By this writ petition, the petitioner impugned the summary order of dismissal from services passed by the Superintendent of Police, Pauri Garhwal dated 18th November, 2004 affirmed by the Deputy Inspector General of Police (Garhwal Division) dated 4th March, 2005 and then re-affirmed by the second appellate authority by its order dated 6th April, 2005 passed by Deputy Inspector General of Police, Police Headquarter, Dehradun.
(2.) The short fact leading to the filing of the writ petition is as follows:-
(3.) In the counter affidavit, the Department has said that it was not negligence simpliciter but it may have some collusive conduct with the said accused. It may so happen; it might have helped the accused to flee. His past conduct, during his service period was wholly unsatisfactory he was negligent and unmindful in discharging his duty, as such, he was punished on repeated occasions. It is surprising that on the date itself when the accused fled from his custody, no intimation was given, nor any First Information Report was lodged.