ANIL KUMAR SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, being aggrieved by the orders dated 12.9.2005, 4.11.2006 and 14.2.2008 passed by the disciplinary, appellate and revisional authority respectively, has preferred the writ petition challenging the same.

(2.) The brief fact, as has been pointed out by the senior counsel appearing on behalf of the petitioner is that the petitioner has been appointed as a Constable in the Jharkhand Police. In the year 2003 he was posted in Bokaro Police. He was granted ten days' leave from his office and went to his native village. Meanwhile due to illness he could not be able to present in the office after lapse of the granted leave of ten days. It has been submitted by the senior counsel appearing for the petitioner that the petitioner was under treatment of one Dr. J.P. Sharma, Lakhisarai from 20.6.2003 to 18.10.2003 and thereafter he was referred to Mental Hospital, Ranchi for treatment under Dr. Durga Bhagat from 20.10.2003 to 15.4.2004 and after getting the fitness certificate, he joined his duty on 17.4.2004.

(3.) It has been argued by the learned senior counsel for the petitioner that without serving memo of charge and without seeking his show-cause reply, an ex-parte departmental proceeding has been initiated. Thereafter without providing any opportunity of being heard Enquiry Officer has submitted ex-parte finding holding the petitioner guilty of the charges. The copy of the enquiry report has not been served to the petitioner, hence the petitioner could not be able to defend the charges. The disciplinary authority, after receiving the enquiry report, has issued a second show-cause notice on 14.3.2005. The petitioner had filed a detailed reply to the show-cause notice against the proposed punishment of the dismissal vide his reply dated 21.3.2005.