LAWS(JHAR)-2010-2-102

UPENDRA KUMAR SINGH Vs. THE STATE OF JHARKHAND THROUGH HOME SECRETARY, GOVERNMENT OF JHARKHAND AND ORS.

Decided On February 02, 2010
UPENDRA KUMAR SINGH Appellant
V/S
The State Of Jharkhand Through Home Secretary, Government Of Jharkhand And Ors. Respondents

JUDGEMENT

(1.) BY Court Heard counsel for the parties.

(2.) THE petitioner in this writ application, has prayed for issuance of a writ of certiorari for quashing the office order dated 21.3.2003 (Annexure -11), issued under the signature of the Deputy Inspector General of Police, Koyala Range, Bokaro (Respondent No. 6) whereby the petitioner has been dismissed from service with immediate effect, with a further observation that no salary will be paid to him during the period of his absence from duty without leave/for absconding period.

(3.) IT appears that on account of his long absence, and after having issued show -cause notice to the petitioner, by the order of his superior officer, he was put under suspension. A notice of suspension with a corresponding notice in contemplation of departmental proceeding, was issued to him, but he did not respond. However, he voluntarily appeared before the Superior Officer on 25.7.2001 and demanded service of charge sheet pertaining to the departmental proceeding. The charge sheet was duly served upon him and he prayed for time to enable him to file his explanation to the charges. It appears that despite time being granted to him, he neither filed any show -cause replies, nor bothered to appear in the departmental proceeding at all.