NARWEDESHWAR RAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for quashing the order of punishment passed by the Disciplinary Authority in Departmental Proceeding no.25/03 and communicated to the petitioner by Memo no.110 dated 24.04.2004 and also the order dated 10.11.2006 passed by the Appellate Authority. The petitioner has further prayed for an order for his reinstatement with all consequential benefits.

(2.) ACCORDING to the petitioner, he was proceeded departmentally on the charge of absence from duty without leave for 16 days. The enquiry officer has found the charge proved. The Disciplinary Authority on that report awarded the ultimate punishment of dismissal of petitioner from service. The petitioner preferred appeal before the appellate authority. His appeal was dismissed and the order of Disciplinary Authority has been upheld. The petitioner than preferred a petition before the Inspector General of Police, Hazaribagh, but no order was passed.

(3.) LEARNED counsel for the petitioner submitted that even if the charges are taken to be proved, punishment of dismissal for the said charge of absence of 16 days is unconscionably disproportionate and harsh.