GANESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order dated 13.02.2009, passed in W.P.(S)No.2565 of 2007, by which the learned Single Judge dismissed the writ petition of the appellant.

(2.) The appellant had filed the said writ petition for issuance of appropriate writ(s)/order(s)/direction(s) for quashment of the order dated 13.11.2002, passed by the Respondent No.2, by which the petitioner was dismissed from his service against the charge related to moral turpitude for that he was arrested for an offence under Section 376/511 of the Indian Penal Code and further to reinstate him in service on the ground that he was acquitted from the charge that was framed under Section 354 I.P.C. by the Chief Judicial Magistrate, Bokaro on 22.02.2007 and payment of back wages.

(3.) The short fact of the case was that the appellant was working as clerk in the Jharkhand Armed PoliceIV at Bokaro. In the meantime, a criminal case was registered against him by the informant, who was also working in the same police force alleging, inter alia, that the appellant had attempted to commit rape on his daughter on 27.05.1996 and thereby a case was registered for the offence under Sections 376/511 of the Indian Penal Code. For the allegation that the appellant was arrested on his involvement in an offence related to moral turpitude, a separate departmental proceeding was initiated against him and after according opportunity of audience to the appellant, he was dismissed from the service on 13.11.2002.