MRITYUNJAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dtd. 10/2/2022 passed by the learned Single Judge of this Court in W.P.(S) No.7135 of 2013, whereby and whereunder, the order of dismissal dtd. 5/6/2013 passed by the disciplinary authority, the order dtd. 2/8/2013 passed by the appellate authority, the order dtd. 23/9/2015 passed by the revisional authority and the order dtd. 20/6/2018 passed by the Director General-cum-Inspector General of Police, Jharkhand, Ranchi, has been declined to be interfere with.

(2.) The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-

(3.) It is the case of the writ petitioner that when the appellant was deputed as Constable in Pundag O.P. Reserve Guard, Ranchi, he was put under suspension and a charge memo was served vide memo no.2640 dtd. 7/5/2012, wherein, it was alleged that on 15/4/2012, the appellant left the Guard and went to Chanho without permission and when returning, he asked for lift from a motorcycle and after travelling some distance he took away the motorcycle from the owner and parked the motorcycle within the campus of Pundag O.P. In this regard, the owner of the motorcycle lodged an FIR being Chanho P.S. Case No.40 of 2012 dtd. 15/4/2012 under Sec. 392 of the IPC. During investigation, the officer In-charge, Chanho came to Pundag O.P. He found the motorcycle in the campus of Pundag O.P. and as he was inquiring, the writ petitioner came out of his barrack and fires four rounds of bullets from his allotted Govt. rifle and only after intervention of other police constables, the arm was taken away from him. Thereafter, on written complaint of Officer Incharge, Chanho Sri Rajiv Ranjan Lal, an another FIR was lodges being Jagannathpur (Pundag) P.S. Case No.103 of 2012 dtd. 16/4/2012 under Sec. 307 of the IPC and Sec. 27 of the Arms Act. The writ petitioner was asked to file show cause within one month.