VIJAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court: The petitioner has approached this Court seeking the following reliefs:

(2.) THE brief facts of the case are that, the petitioner was appointed as a clerk on 16.11.1988 in the office of the Superintendent of Police, Dhanbad. The petitioner was granted leave for five days on 01.12.2008 however, due to illness he could not report for duty and he sent an application dated 08.12.2008 to the Superintendent of Police, Dhanbad which was received in the office of Superintendent of Police on 11.12.2008. The petitioner was put under suspension on 23.03.2010 and charge was framed against the petitioner on 07.04.2010 on the allegation that he remained absent for 472 days unauthorisedly. The petitioner submitted his reply on 15.07.2010 stating that due to prolonged illness, he could not join duty and only after the doctor declared him fit, he could join his duty on 17.06.2010. After the notice dated 25.04.2010, even though the petitioner was not well, he appeared before the Superintendent of Police and gave his explanation. An enquiry report was submitted on 22.10.2010 and by letter dated 04.11.2010, the disciplinary authority recommended the dismissal of the petitioner from service and on 23.11.2010, a copy of the enquiry report along with the second show -cause notice was issued to the petitioner. The petitioner submitted his reply on 21.12.2010 reiterating the stand taken by him. The disciplinary authority passed the order of dismissal from service on 29.12.2010 and the appeal preferred by the petitioner was also dismissed on 08.10.2011. The petitioner preferred a Memorial on 11.01.2012 however, it was also dismissed on 17.11.2012.

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