SANTOSH KUMAR SINGH(POLICE NO.788) SON OF SRI RAJKESHWAR SINGH, RESIDENT OF VILLAGE SIKKI KALA, P.O. AND P.S. PATAN, DISTRICT : PALAMAU, JHARKHAND Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In both the accompanied writ petitions, the petitioners have inter alia prayed for quashing the order of removal passed by the Commandant, J.A.P.-6, Jamshedpur vide Memo no. 2348 dated 2.11.2006 (Annexure 3) and for quashing the order passed by the DIG(Training)-cum-Principal, PTC, Hazaribagh vide Memo Nos. 605 and 606 both dated 11.04.2007 (Annexure-6/1 and 5) confirming the order of disciplinary authority and further for reinstatement of petitioners with all consequential benefits.

(2.) The factual matrix, bereft of unnecessary details, in a nutshell is that pursuant to appointment of the petitioners as constable in Latehar district, they were deputed to J.A.P. 6, Jamshedpur-cum-Training Centre along with other 117 constables. It has been averred that during course of training, both the petitioners submitted their applications on 20.10.2006 (Annexure 1 in both cases) for grant of leave for six days i.e. from 25.10.2006 to 30.10.2006 for doing Chhath Puja, which was duly forwarded by the Instructor (Jamadar). It has further been submitted that due to 'Bandh' called by the terrorists on 30.10.2006, the vehicles were not plying on the road for communication, therefore, the petitioners were constrained to join the training centre on 31.10.2006. In proof of 'Bandh', the petitioners have annexed the photocopy of relevant extract of news item as Annexure 2 to the writ petitions. But, to the utter surprise and consternation, the services of the petitioners were terminated on 011.2006 even without asking show cause and by a non-speaking order without complying the principles of natural justice, vide order no. 21/06 as contained in Memo no.2348 dated 11.2006 (Annexure 3 in both cases) by respondent no. 5- the Commandant, J.A.P. 6, Jamshedpur. It has been submitted that against the order of dismissal, the petitioners have filed appeal before the Deputy Inspector General of Police-cum-Principal P.T.C., Hazaribagh. Since no order was passed by the appellate authority, the petitioner [W.P.(S) no.396 of 2016] approached this Court by filing W.P.(S) Nos. 2165 of 2007, which was disposed of on 03.12007 with a direction to the appellate authority to dispose of the appeal of the petitioner by a reasoned order in accordance with law within a period of eight weeks from the date of receipt/production of copy of this order and the petitioner[W.P.(S) no.719 of 2016] approached this Court by filing W.P.(S) no.1541 of 2007, but after some argument, learned counsel for the petitioner sought permission to withdraw the aforesaid case for pursuing the memorial filed by the petitioner before the Director General of Police, Jharkhand, Ranchi. Thereafter, the petitioners filed appeal before the Deputy Inspector General of Police-cum-Principal P.T.C., Hazaribagh annexing order passed in W.P.(S) Nos. 2165 of 2007 and 1541 of 2007. However, the appellate authority vide Annexures-6/1 and 5 vide Memo Nos. 605 and 606 dated 11.04.2007 has been pleased to reject the appeal of the petitioners on the ground that since the petitioners remained absent for six days from the training centre and have been declared absconder, hence, as per Rule 668 (ka) of the Police Manual, they have been dismissed from services. Thereafter, the petitioner filed Memorial before the Director General of Police, Jharkhand, Ranchi (respondent No. 2)enumerating all the points, but that has not been entertained.

(3.) Being aggrieved by the order of termination dated 2348 dated 2.11.2006 and appellate order dated 11.04.2007, the petitioners have knocked the door of this Court under Art. 226 of the Constitution of India.