HARI MOHAN RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Being aggrieved by the order passed by the learned Single Judge in W.P.(S) No. 4253 of 2012 dated 24.09.2012 in and by which the learned Single Judge dismissed the writ petition declining to interfere with the punishment of dismissal from service imposed on the appellant this appeal has been filed by the appellant.

(2.) The appellant joined the police service on 1.7.1976 and served the department with unblemished service record for about 29 years and during his service period he was also awarded with 19 rewards. In the year 2003, the appellant was transferred to Kadma Police Station, at Jamshedpur. The charges against the appellant is that on 12.07.2004 while he was on duty at Kadma Police Station, he was found in drunken condition. Further charge against the appellant is that on 14.07.2004 when the appellant was deputed on duty at State Bank of India, New Rani Kudur Branch, Jamshedpur he was found absent from duty and on search the appellant was found under drunken condition in the barrack. On the above charges, a departmental proceeding was initiated against the appellant vide Departmental Proceeding No. 89 of 2004. In the departmental proceeding, the enquiry was conducted and charges levelled against the appellant was found proved. The disciplinary authority-Superintendent of Police, Jamshedpur vide order dated 20.04.2005 imposed the punishment of dismissal from service on the appellant. The appeal filed by the appellant before the appellate authority-Deputy Inspector General of Police was dismissed vide order dated 8.01.2006. Thereafter, the appellant had also filed a Appeal Memorial before the Director General of Police and the same was also dismissed on 23.2.2007.

(3.) According to the appellant, after the appeal was dismissed by Director General of Police, the appellant, by series of representations, represented before the Home Secretary, Department of Home and to the Principal Secretary, Department of Home between 2008 to 2010 but the appellant's representations were not heard and no relief was granted to the appellant. According to appellant since there was no response from the State Government, the appellant also made an appeal to the Excellency, the Governor of Jharkhand on 21.7.2011 and 11.2.2012 expressing his financial difficulties and praying for mercy and modification of the order of punishment of dismissal from service as compulsory retirement. According to the appellant, since there was no response from any corner, the appellant having no alternative had filed the writ petition being W.P.(S) No. 4253 of 2012 before this Court challenging the order of dismissal from service imposed on him and also the order of appellate authority.