MD.RUHULLAH KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By order dated 31.12.2002 the petitioner was awarded punishment of dismissal from service for unauthorized absence of 68 days. The petitioner has approached this Court seeking quashing of the penalty order dated 31.12.2002 and order dated 7.7.2003 whereby his appeal has been dismissed.

(2.) The brief facts of the case are that the petitioner was appointed as a Constable and he was posted in J.A.P-6 at Jamshedpur. On 19.8.2002 the petitioner was issued a Memo of charge. The petitioner submitted his reply stating that due to heavy flood in the village and sudden land dispute amongst brothers, he could not report for the duty within stipulated time. The enquiry report was submitted on 16.11.2002 in which the charge against the petitioner was found true. The second show-cause notice was issued to the petitioner and on 31st December, 2002 the order of dismissal from service was passed. The appeal of the petitioner was rejected on 7.7.2003.

(3.) A counter-affidavit has been filed stating that the petitioner was issued notices dated 9.7.2002 and 29.7.2002 requiring him to join the duty immediately, however, the petitioner did not respond and he remained absent for 68 days wilfully. It has been pointed out that during his service tenure of 16 years, the petitioner over-stayed on 17 occasions and absconded on one occasion. The order of penalty removing the petitioner from service has been passed on a consideration of the materials on record and thus, the order is not liable to be interfered with by the High Court.