SANTOSH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing the order dated 20.04.2007 passed by the respondent no. 4 by reason of which the petitioner was removed from service with immediate effect under Rule 668 (a) of the Jharkhand Police Manual. Challenge has also been made to the order dated 22.02.2007 passed by the respondent no. 2 by reasons of which the order dated 11.07.2007 passed by the appellate authority for reinstatement of the petitioner has been set aside.

(2.) The petitioner was appointed in the police force and was sent for training in Police Training College, Hazaribagh. On account of allegation made against the petitioner of disobeying the order of Hawaldar-Major of talking in a mobile and on being asked to desist from such act the petitioner had levelled certain allegations which resulted in the petitioner being issued a show cause notice with a direction to submit his show cause within twenty four hours. The show cause notice issued to the petitioner was based on a preliminary enquiry. Subsequently by virtue of order as contained in Memo No. 146 dated 26th April, 2007 the respondent No. 4 in terms of the Rule 668 (a) of the Jharkhand Police Manual terminated the service of the petitioner. Aggrieved by the order dated 26th April, 2007, the petitioner had preferred an appeal under Rule 851 of the Police Manual which was allowed vide order dated 11.07.2007 and the respondents were directed to reinstate the petitioner. However, by the impugned order dated 22.10.2007 the respondent no. 2 set aside the order of reinstatement on the grounds that the appellate authority does not have any jurisdiction to sit in appeal against the order of termination.

(3.) Heard Mr. Siddhartha Roy, learned counsel appearing for the petitioner and Mrs. Rakhi Rani, learned J.C. to Sr. S.C. - II.