NAGINA PASWAN Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Aggrieved by penalty of dismissal from service, the appellant approached this Court in W.P.(S) No. 6176 of 2009 which has been dismissed vide, impugned order dated 04.02.2015.

(2.) The appellant who was appointed as Constable in the year, 1977, was promoted to the post of Havildar in 1987. While posted at Chaibasa, the appellant was served show-cause notice dated 26.02.2004 on the allegation that he harassed a girl namely, Ms. Elzina Badh to marry him and he engaged himself in running a truck on hire. The appellant submitted his reply to the show-cause notice denying acquaintance with Ms. Elzina Badh. He denied that he is a Father (Padri) and that he threatened the said girl to write a love letter and demanded Rs. 3,00,000/-. A departmental proceeding was initiated against the appellant, in which the department examined 6 witnesses in support of the charges framed against the appellant. The Enquiry Officer submitted report dated 24.02.2004 holding the charges except, the charge of not looking after his family properly, proved. The Disciplinary Authority vide, order dated 31.03.2004 imposed penalty of dismissal from service. The Appellate Authority as well as the Revisional Authority did not accept challenge to the penalty order. Constrained, the appellant unsuccessfully approached this Court in W.P.(S) No. 6176 of 2009.

(3.) Heard the learned counsel for the parties.