STATE OF JHARKHAND Vs. KUMUD RANJAN

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 30/11/2023 passed in W.P. (S) No. 664 of 2014, whereby the said writ petition filed by the petitioner/respondent has been allowed by quashing and setting aside the order as contained in memo No. 274 dtd. 6/7/2013 passed by the appellant no.5- Commandant, JAP-7, Hazaribagh as well as the order as contained in memo No.1789 dtd. 12/11/2013 passed by the appellant no.4-Deputy Inspector General of Police, JAP, Doranda, Ranchi.

(2.) The factual background of the case is that while the respondent was posted at Kolkole Police Picket, he went on compensatory leave for six days from 23/3/2013 (afternoon) to 29/3/2013, however he failed to join the duty on 30/3/2013 after completion of the leave period. The respondent sent his application to the appellant no.5 through fax as well as registered post for extension of leave by granting him earned leave for 45 days, which was rejected by the said authority vide letter as contained in memo no.1011 dtd. 22/4/2013 and he was asked to resume the duty instantly failing which, disciplinary proceeding would be initiated against him.

(3.) The respondent joined the duty on 3/5/2013 and thereafter a departmental proceeding was initiated against him under rule 828(C) of the Jharkhand Police Manual and a memo of charge was served upon the respondent vide memo No.1146 dtd. 11/5/2013, alleging that he was unauthorizedly absent from duty for a period of 34 days.