DILIP KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenging order dated 27.05.2004, whereby the petitioner has been compulsorily retired from service and the appellate order dated 21.09.2004, the petitioner has approached this Court.

(2.) Heard the learned counsel for the parties and perused the documents on record.

(3.) The brief facts of the case as disclosed in the writ petition are that, the petitioner was appointed as Constable in B.M.P.15 in the year, 1984. A chargememo dated 14.08.2003 was served upon the petitioner on the allegation that, he did not comply with order dated 19.07.2003 passed in Case No. 33 of 1992 (T.R. No. 286 of 1997) whereby he was directed to make payment of Rs. 485/ to one Phool Kumari Devi and her two children. It was also alleged that since the name of one Mala Singh has been recorded in the servicebook as the wife of the petitioner, the said Phool Kumari Devi was either illegal wife or concubine of the petitioner. The petitioner submitted his reply denying that the said Phool Kumari Devi was his wife. However, the reply of the petitioner was not found satisfactory and a departmental proceeding was initiated, on the conclusion of which an enquiry report dated 15.02.2004 was submitted. The petitioner was issued second showcause notice on 12.04.2004, to which the petitioner submitted his reply on 17.05.2004 however, the impugned order of penalty dated 27.05.2004, compulsorily retiring the petitioner from service was passed.