DINESH KUMAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has approached this Court challenging the penalty order dated 04.03.2011 and the appellate order dated 08.08.2012.

(2.) THE brief facts of the case are that, the petitioner was appointed as a constable in the year, 2009 and he was suspended on 18.09.2010 on the allegation that he along with other guards helped one accused Amlesh Singh escaping from the ward in MGM Hospital, Jamshedpur. A criminal case was registered against the petitioner and other guards. A memorandum of charge dated 21.09.2010 was served upon the petitioner on similar allegations besides the allegation of taking money from the convict Amlesh Singh for helping him to escape from the ward. A departmental inquiry was initiated and in the departmental inquiry witnesses were examined on behalf of the department. The inquiry report was submitted on 31.01.2011 and on 12.02.2011, a second show -cause notice was issued to the petitioner. The disciplinary authority agreeing with the findings recorded by the inquiry officer passed the order of dismissal from service on 04.03.2011. Thereafter, the petitioner preferred an appeal which however was not decided by the appellate authority, and therefore, the petitioner approached this Court in W. P. (S) No. 2054 of 2012 which was disposed of on 17.05.2012 with a direction to the respondent no. 3 therein to decide the appeal preferred by the petitioner within a period of twelve weeks. Finally, the appeal preferred by the petitioner was dismissed by order dated 08.08.2012.

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