SHAMBHU NATH SAHAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenging order dated 20.01.2011 passed by the Disciplinary Authority and order dated 15.04.2011 whereby the appeal of the petitioner has been rejected by the Appellate Authority, the petitioner has moved this Court.

(2.) The brief facts of the case are that, the petitioner was appointed on the post of Wireless Operator in the year, 1973 and subsequently, he was promoted to the post of Steno Sub-Inspector of Police. At the relevant time the petitioner was posted at Sadar Police Station, Ranchi when a charge-memo was issued to the petitioner on 31.08.2010, on the allegation that the petitioner failed to submit case-diary of Sadar P.S. Case No. 127 of 2009. The petitioner submitted his reply on 03.12.2010. An enquiry was conducted and the charges levelled against the petitioner were found proved. Agreeing with the finding of the enquiry report, the disciplinary authority passed the penalty order whereby one half yearly increment of the petitioner has been withheld. In these facts, the petitioner approached this Court by filing the present writ petition.

(3.) A counter-affidavit has been filed taking a stand that inspite of the specific directions, the petitioner did not carry out investigation and he failed to submit the case-diary and therefore, a departmental proceeding was initiated against him. During the proceeding a reasonable opportunity was granted to the petitioner to defend himself and on conclusion of the departmental proceeding the charge levelled against the petitioner was found proved. The disciplinary authority considering the materials on record and the findings recorded by the enquiry officer, passed the impugned order of penalty dated 20.01.2011.