KASHIM Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Petitioner being aggrieved with the order dated 24.8.2011 passed by the disciplinary authority and appellate order passed on 2.2.2013, has approached this Court. Brief facts as has been argued on behalf of the petitioner are that the petitioner had been appointed as constable on 4.6.1986. While he was on duty at Rail Police, P.S.-Chandrapura, he was given a duty to escort a train on 2.1.2011. It has been alleged that petitioner was not found on duty on this date and when enquired, it was found that the petitioner was sleeping in the barrack. It is also alleged that on 4.1.2011 in Train No. 8608, Hatia Baidyanath Dham Express, he had misbehaved with a school going girl due to which image of Police has deteriorated and there was problem of law and order for which the petitioner was suspended vide order dated 6.1.2011. It has been submitted that thereafter ex parte inquiry had been conducted.

(2.) Learned counsel for the petitioner submitted that the Enquiry Officer without any cogent evidence has found the charged proved against him. He further submitted that without serving of second show cause notice, the order of dismissal has been passed by the disciplinary authority against which, petitioner preferred an appeal before the appellate authority raising all the facts but even the appellate authority has not considered those aspects of the matter and upheld the order of dismissal.

(3.) Learned counsel for the petitioner further submitted that copies of second show-cause notice along with enquiry report have not been supplied to him, as such there is violation of principle of natural justice.