YOGENDRA RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) With the consent of the parties, all the writ petitions are heard analogously and are being disposed of by this common order.

(2.) Being aggrieved by the impugned order of punishment of dismissal from services dated 13.6.2012 passed by the respondent No. 4, Superintendent of Police, Garhwa in Departmental Proceeding No. 34 of 2011, the order of the Appellate Authority vide memo dated 19.10.2012 and the order dated 29.7.2013 containing the rejection of memorial, the petitioners having no other alternative find efficacious remedy have prayed for quashing of the said orders and also for reinstatement in services with consequential benefits.

(3.) Sans details, the facts, as disclosed in the writ applications, in nutshell, is that petitioners namely Yogendra Rai is Havildar (in W.P.S. No. 6070/2013), Shankar Munda is Assistant Sub-Inspector of Police (in W.P.S. No. 5588/2013), Dhananjay Kumar Dubey is Police Driver (in W.P.S. No. 6188/2013) whereas other writ petitioners are Constables. On 4.9.2011 a command was issued to the Assistant Sub-Inspector of Police, Garhwa namely Shankar Munda along with Havildar and other Constables and all the petitioners were asked to report police line. In compliance of the said direction issued by the Superintendent of Police, Garhwa, respondent No. 4 on 5.9.2011, petitioners along with escort party proceeded for shifting the said prisoners, namely Kumar Kishore Singh and Sujit Kumar Sinha from Garhwa District .Jail to Ranchi and Dumka respectively. While petitioners were on their way, at about 11.45 p.m. hue and cry was made that the prisoner has fled away. On hearing the petitioner namely Shankar Munda-the Assistant Sub Inspector of Police asked the driver to stop the vehicle and directed to see the vehicle from back side and thereafter, he came to know that the prisoner has fled away and one of the petitioner, namely Mahadev Singh was also absent. On seeing the situation, the Assistant Sub-Inspector of Police asked the armed guard to make fire because in torch light the petitioners could see that somebody was fleeing. When the incident took place, the ASI of Police immediately talked to the Superintendent of Police, Garhwa on mobile phone, upon which he was directed to report the same to the nearest police station and as per the direction the Assistant Sub-Inspector of Police reported the matter to the Salanpur Police Station, district Burdwan (West Bengal) at 4.00 a.m. and thereafter, the officer of the said police station reached to the place of occurrence at 5.50 a.m. and inquiry was made. After some time. Constable Mahads Singh, who was absent from last night along with the said prisoner came and on search key of hathkari was found from his pocket. Thereafter, an FIR was lodged on 6.9.2011 being Salanpur P.S. case No. 89 of 2011 under Sec. 224 of the Indian Penal Code. In the said FIR, the name of the Constable Mahadev Singh was named as the main accused, who helped the prisoner in fleeing away taking advantage of darkness. Thereafter, the petitioners along with escort party were put under suspension for the said incident and were served with memo of charge issued vide memo dated 26.9.2011 and departmental proceeding was initiated being Departmental Proceeding No. 34/2011 and conducting officer was appointed. The conducting officer issued letter to the petitioners asking them to furnish their show-cause in the Departmental Proceeding No. 34/2011 and the petitioners submitted their show-cause reply denting the allegations levelled against them. Thereafter, the Conducting Officer submitted inquiry report without serving copy of the inquiry report. The petitioners were asked to file show-cause against the proposed punishment of removal from service and the petitioners filed their reply. Thereafter, the disciplinary authority-respondent No. 4 without considering, basing on the inquiry report passed the order dated 13.6.2012, dismissing the petitioners from services and along with impugned order of punishment copy of the inquiry report was enclosed. Thereafter, being aggrieved by the impugned order of punishment, the petitioners filed appeal before the DIG of Police, Palamau Range (respondent No. 3) giving detailed reply for due consideration but the appellate authority dismissed the said appeal. Thereafter, the petitioners submitted memorial under the provisions of Police Manual before the Director General of Police, Jharkhand (respondent No. 2) and the memorial filed by the petitioners have been dismissed vide order dated 29.7.2013. Being aggrieved by the said orders, the instant writ applications have been filed by the petitioners.