SUJIT KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant is aggrieved by the order dtd. 12/11/2014 passed in W.P(S) No.6225 of 2009.

(2.) Writ petition was filed against the order of dismissal from service dtd. 10/8/2009. It appears that during pendency of the writ petition the appeal preferred by the delinquent police constable was dismissed and the same came to be challenged before the writ Court by filing I.A No. 3705 of 2013.

(3.) The appellant was served charge-memo dated 6 th April 2009 on an allegation of unauthorized absence from duty. Before that, by an order dtd. 1/4/2009 the appellant was placed under suspension without subsistence allowance. It appears that the departmental proceeding was conducted in absence of the appellant and the enquiring officer submitted a report on 8/6/2009 holding the charge levelled against the appellant proved. The disciplinary authority issued 2 nd show-cause notice dtd. 11/6/2009. Observing that inspite of opportunity granted to him, the appellant did not submit any explanation against the proposed punishment of dismissal from service, the disciplinary authority passed the final order on 10/8/2009. Against the aforesaid order of dismissal from service, the appellant filed an appeal on 22/9/2009 which was dismissed by the appellate authority by an order dtd. 29/1/2010.