GUL MOHAMMAD ANSARI Vs. STATE OF JHARKHAND,

JUDGEMENT

(1.) THIS writ petition has been filed for setting aside the enquiry report dated 29.6.04 (Annexure -4 to the writ petition); the punishment order (Annexure 5 to the writ petition) and the appellate order rejecting the appeal (Annexure -7 to the writ petition). It has also been prayed that the Petitioner may be exonerated from the charges levelled against him with all consequential benefits pursuant to the enquiry report dated 4.5.2004 (Annexure -3 to the writ petition).

(2.) THE Petitioner, an ASI of Police, while posted as Jail Watcher at Gumla, was suspended by the Superintendent of Police, Ranchi on the allegation of misconduct as well as absence from the duty from his place of posting. The enquiry was conducted against the Petitioner and after framing the charges, the first Inquiry Officer, Jharia Kujur submitted his report exonerating the Petitioner from the charges. When the disciplinary authority received the report in respect of the proceedings, he further appointed the 2nd Enquiry Officer, Sri Nageshwar Singh, Inspector of Police, to conduct the further enquiry. After the perusal of the evidence, he submitted his report and found the Petitioner guilty. Thereafter, the Disciplinary Authority passed the impugned order awarding the punishment to the Petitioner. The Petitioner preferred the appeal, which was rejected. Hence, this writ petition has been preferred by the Petitioner.

(3.) I have heard the learned Counsel for the parties and perused the record.