KAILASH PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application has been preferred by the petitioner praying therein for quashing the order as contained in Memo No.2591 dated 30.05.2008 passed by the respondent no.3; whereby the petitioner has been awarded punishment of dismissal from service and it has been ordered that nothing shall be paid for the period under suspension and amount of subsistence allowance shall be adjusted against half earned leave and also for quashing of the appellate order as contained in Memo No.477 dated 30.03.2011 passed by the Regional Deputy Inspector General of Police, Kolhand Region at Chaibasa whereby the punishment of dismissal awarded by the Disciplinary authority has been affirmed and appeal has been rejected. The petitioner has further prayed for a direction upon the respondent authorities to reinstate the petitioner in service with all consequential benefits with and full back wages.

(3.) The facts as disclosed in the writ application are that in the year 2004, the petitioner was working with the concerned respondents as a Police constable and was posted at Barajamda O.P. On 31.03.2004, an incident occurred, in which Bada Jamad Police Outpost (District Chaibasa) was attacked by extremists at 2 p.m and the extremist looted rifles and cartridges. The petitioner has also sustained injuries and was under medical treatment. On 31.03.2004, at the time of attack, petitioner was not on guard duty rather one Bandhan Oraon was on duty.