BIJAY KANT PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenging the order of dismissal dated 26.09.2003, the appellate order dated 12.01.2004 and order dated 09.06.2004 in the appeal memorial, the petitioner has preferred the present writ petition.

(2.) The brief facts, shorn of unnecessary details, are that the petitioner was appointed as Constable on 25.12.1981 and he joined at Dhanbad. The petitioner was granted first time bound promotion and in the year 1989, he was transferred to Ranchi and posted in the District Police Force. At the relevant time, he was posted in the Court Hazat. When he was posted there, the2. petitioner was served with Charge Memo dated 06.08.2002. The petitioner was charged with dereliction of duty, negligence, etc. for, on 16.04.2002, when he was deputed on Hazat security, 12 dreaded criminals escaped from Room No.12 of the Court Hazat. The petitioner submitted his showcause reply denying the charges levelled against him. The enquiry report was submitted by Sergeant Major on 24.10.2002 holding the charges levelled against the petitioner proved. The petitioner submitted reply to the second showcause notice reiterating his stand that at the time when the incident took place, he was not deputed in Hazat security, rather he was deputed for taking the prisoners to the Court and transporting them back to the Court Hazat from the Court. The petitioner produced the relevant entries in the register in which it is recorded that, "With 308 Bijay Kant Pandey 2 Prisoners namely, Sahabuddin and Vakil Ansari along with arms party, Court of M.D. Mohan" and "With 308 Bijay Kant Pandey Prisoner namely, Laila Uraon".

(3.) On 26.09.2003, penalty order dismissing the petitioner from service, was passed. It was further ordered that during the period of suspension, the petitioner would not be entitled for anything, except the subsistence allowance and the period of suspension would be converted into Extraordinary Leave. The petitioner preferred an appeal to the Deputy Inspector General of Police,3. which was dismissed by a cryptic order dated 09.06.2004 and the Appeal Memorial was also rejected.