SHIVJATAN MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) C.A.V. on 20/10/2022 Delivered on 06/12/2022 5/ 6/12/2022. Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner, in this writ application, has prayed to quash the part of the order dtd. 29/10/2021, whereby it has been ordered that the petitioner will not be entitled for any back wages for the period from 2/2/2010 to 29/10/2021. Further, a prayer has been made to direct the respondents to pay the back wages for the period from 2/2/2010 to 29/10/2021.

(3.) The petitioner was working as a Constable in Jharkhand Police. A departmental charge sheet was issued to the petitioner on 21/7/2009, alleging therein that he had married one Meena Soren but was not keeping her with him as such, this conduct of the petitioner amounts to misconduct and dereliction in duty and fraud. The petitioner took a defence that Meena Soren was not married with him as they proposed to get married, but later on, it came to light that Meena Soren is already married and her husband is alive. The husband of Meena Soren and father of this petitioner objected the marriage thus, the marriage was not solemnized. A departmental proceeding was initiated and the petitioner was punished vide memo no. 274 dtd. 2/2/2010, by the Superintendent of Police, Sahibganj in a departmental proceeding no. 05/2009. The petitioner preferred an appeal before the Appellate Authority, which was also dismissed by a non-speaking order dtd. 30/12/2010.