LAWS(JHAR)-2013-10-54

GANGESHWAR DUBEY Vs. STATE OF JHARKHAND

Decided On October 29, 2013
Gangeshwar Dubey Appellant
V/S
State of Jharkhand, Director General of Police, Jharkhand, Deputy Inspector General, Jharkhand Armed Police and Commandant, Jharkhand Armed Police -5 Respondents

JUDGEMENT

(1.) The petitioner has approached this Court challenging the penalty order dated 30.06.2012 and the appellate order dated 08.09.2012. The brief facts of the case are that, on 27.01.2012, a charge-memo was served upon the petitioner on the allegation that on 01.11.2012, when he was posted at R.P. Post No. 1, some newly recruited constables sneaked out of the campus and the petitioner failed to register the name of those three persons. The petitioner submitted his reply on 02.02.2012 however, an enquiry was ordered to be conducted into the matter and on 27.06.2012 the enquiry report was submitted holding the charge of not entering the name of the three newly recruited constables in the register, proved. The disciplinary authority inflicted the punishment of withholding annual increment which would be equivalent to two Black Marks. The appeal of the petitioner has been rejected by order dated 08.09.2012 and therefore, the petitioner has approached this Court by filing the present writ petition.

(2.) A counter-affidavit has been filed stating as under:-

(3.) Heard the learned counsel appearing for the parties and perused the documents on record.