OM PRAKASH MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court challenging the penalty order dated 31.08.2004 and the appellate order dated 25.10.2005.

(2.) The brief facts of the case are that, the petitioner was appointed as a constable on compassionate ground. The petitioner was granted leave for two days from 22.4.2003 and he was directed to report on 25.4.2003 however, as he did not report for duty therefore, a departmental proceeding was initiated against the petitioner. The charge memo dated 06.12.03 was served to the petitioner on the allegation that he remained absent unauthorisedly from 25.4.2003 and he was suspended w.e.f. 02.09.2003. An enquiry was conducted and charges against the petitioner were found proved. The disciplinary authority passed the order of removal from service on 31.8.2004. The petitioner preferred an appeal which was dismissed by order dated 25.10.2005. In these circumstances, the petitioner has filed the present writ petition.

(3.) A counter-affidavit has been filed on behalf of the respondents stating as under: