MD. SAMSHED KHAN Vs. THE STATE OF JHARKHAND.

JUDGEMENT

(1.) Since the reliefs sought for in all the writ petitions more or less identical, with the consent of the respective counsels, all the writ petitions were heard together and are being disposed of by this common order/judgment.

(2.) The petitioner has sought for issuance of writ of certiorari for quashing the entire departmental proceeding including the findings of enquiry officer dated 15.09.2011 based upon the enquiry report dated 18.05.2009 and also to quash order of punishment followed by rejection of appeal and revision, although in the same case one Nand Bihari Singh's appeal has been set aside and also for direction upon the respondents to reinstate the petitioner on the post of Hawaldar with all back wages.

(3.) The brief facts, as disclosed in the writ application is that petitioner was posted as 'Hawaldar' at Padma O.P, Hazaribagh when he was dismissed from services. It has been stated that petitioner was one of the member of instituting a false case and the specific allegation against him was that he put his signature on the seizure list at the instance of his senior controlling officer. The department fixing the responsibilities as alleged has got it investigated by crime branch and proceeding has been initiated against the petitioner and others. The petitioner further states that vide district order no.2020 dated 25.07.2008 he alongwith others have been put under suspension for helping Inspector, Harish Chandra Pal Bhagat in connection with Barhi (Padma) in the form of seizure witness. It has been further stated that charge sheet was served upon the petitioner vide memo dated 24.08.2008 vide Annexure-3 to the writ petition. The petitioner vide letter no.15.09.2011 (Annexure-5) has been asked to file reply to the charges. The petitioner finally submitted his reply to the show cause on 14.12.2011 vide Annexure-6 but vide order dated 27.01.2012 he was dismissed from services. Thereafter, the petitioner preferred appeal but the same was affirmed by the Director General of Police, Jharkhand vide order dated 24.11.2012 as evident from Annexure-13 to the writ application.