SHYAM BIHARI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application the petitioner has prayed for quashing the order as contained in Memo No. 3745 dated 08.07.2009 passed by Superintendent of Police, Bokaro in Departmental Proceeding No. 78 of 2008 whereby and whereunder the petitioner has been inflicted with punishment of Black Mark and forfeiture of salary of 181 days. A further prayer has been made by the petitioner for quashing the order as contained in Memo No. 380 dated 15.05.2009 whereby and whereunder the respondent No. 3 had rejected the appeal preferred by the petitioner.

(2.) The petitioner was appointed as Constable on 15.12.1983. The petitioner was served with a charge-sheet for unauthorized leave of 181 days. The explanation, submitted by the petitioner, was not accepted and the petitioner was proceeded departmentally wherein on enquiry the charges levelled against the petitioner were found to be proved. The disciplinary authority (Respondent No. 4) thereafter passed an order as contained in Memo No. 3745 dated 08.07.2009 in which punishment of one Black Mark was inflicted alongwith withholding/forfeiture of salary of 181 days. The appeal preferred by the petitioner before the respondent No. 3 was also dismissed on 15.09.2008.

(3.) Heard Dr. S. N. Pathak, learned senior counsel appearing for the petitioner and Mr. Anshuman Kumar, learned J. C. to A. G.