BIDYA KANT UPADHYAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenging the order of penalty dated 16.10.2002. and the appellate order dated 16.06.2003, whereby the appeal against the said penalty order was dismissed, the petitioner has approached this Court by filing the present writ petition. The brief facts of this case are that, the, petitioner was appointed as a Constable on 03.07.1979 and in the year 1987 he was granted first time bound promotion. During the relevant time, the petitioner was posted at Golmuri police station, East Singhbhum. An F.I.R. being Golmuri P.S. Case No. 129 of 2001 was registered on 26.06.2001 under Sections 420, 465, 467 and 34 IPC. The petitioner was put under suspension on 28.07.2001. On 20.08.2001 a charge-memo was served upon the petitioner on the allegation that when he was posted at Golmuri police station, he along with another Constable namely, Sanjay Kumar Singh posed themselves to be the Passport Verification Officer and received money from one Sheela Singh. On 17.10.2001, the petitioner submitted his explanation denying the charges. He specifically stated that on 13.05.2001 he had gone to Bhagalpur in connection with the order of attachment and he joined his duty only on 21.05.2001, which he contended is a matter of record, as it is recorded in the station diary of the police station. He also made a grievance that a copy of the preliminary report was not given to him. On 06.05.2002, a second show-cause notice was issued to the petitioner and on 22.05.2002, he submitted his reply to the proposed order of punishment for dismissal from service. However, on 16.10.2002 the order or dismissal from service was passed and therefore, the petitioner preferred the appeal which was dismissed on 16.06.2003. In the meantime, by judgment and order dated 10.03.2003, the learned Sub-Divisional Judicial Magistrate, Jamshedpur acquitted the petitioner of the charge levelled against him. In view of the order dated 10.03.2003 and the fact that the complainant namely, Sheela Singh had refused to identify the petitioner before the criminal court, the petitioner in his Appeal Memo therefore, specifically raised such a plea. However, as noticed above his appeal was dismissed.

(2.) A counter-affidavit has been filed stating that the petitioner along with another Constable namely, Sanjay Kumar Singh posed themselves as Passport Verification Officers and received illegal gratification. During the enquiry, the charge against the petitioner was found proved and in the departmental proceeding the petitioner was afforded reasonable opportunity to defend himself and therefore, no interference is required by this Court in this matter.

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