MD. ASLAM Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Constrained by dismissal of the writ petition, challenging order of termination from service passed in a departmental proceeding, the appellant has preferred the present Letters Patent Appeal.

(2.) The brief facts of the case are summarised thus; The writ -petitioner/appellant, who was appointed as constable, was posted at Baliapur Police Station, Dhanbad. At the relevant time he was deputed, during Shrawani Mela, at Deoghar and he was relieved from duty on 22.07.2010. For the incident between 20.08.2010 and 21.08.2010, on a written complaint Govindpur (Barwadda) P.S. Case No. 320 of 2010 under Sections 491/420 IPC was registered on 21.08.2010 against the appellant. On 23.08.2010, he was put under suspension on the allegation of abscondance from duty and demanding bribe impersonating himself as bodyguard of the Superintendent of Police. A charge -memo was issued to him on 30.08.2010. The appellant was in judicial custody when the departmental proceeding against him was conducted. The enquiry officer issued notice dated 24.11.2010, 28.11.2010 and 04.01.2011 however, the appellant sent a representation pleading that he would submit his final defence after his release from the judicial custody. He was released on bail on 19.01.2011 and, the enquiry officer submitted a report on 25.01.2011, holding charges levelled against the delinquent, proved. The appellant was issued second show -cause notice which was not responded to by the appellant. The disciplinary authority passed order of dismissal from service on 27.02.2011 and, the Appeal as well as the Appeal -Memorial preferred by the appellant also stood dismissed. Constrained, the appellant approached the writ court however, unsuccessfully.

(3.) Heard.