RAMU KUMAR, SON OF SRI AJAY KUMAR SINGH, RESIDENT OF VILLAGE: KAMGARPUR, P.O: KAMGARPUR, P.S. HUSSAINABAD, DIST: PALAMAU, JHARKHAND Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing order dated 26.08.2013, whereby the petitioner has been dismissed from services and further for quashing appellate order dated 28.07.2014, by which, the appeal preferred by the petitioner against the impugned order of dismissal has been rejected.

(2.) The facts, in brief, are that the petitioner was appointed on the post of Constable in the district of Chatra in the year 201 However, on verification of the residential certificate submitted by the petitioner, the same was found forged and fabricated. Basing on this allegation, a departmental proceeding was initiated, which resulted in passing of impugned order of dismissal from services.

(3.) Learned counsel for the petitioner submitted since there was dispute between the Halka Karamchari and the family of the petitioner, he submitted wrong report against the petitioner to the effect that no such person resides on the aforesaid address, and on the basis of said report, the petitioner was dismissed from services. Learned counsel for the petitioner further submitted that the petitioner being aggrieved by the order passed by the disciplinary authority preferred appeal, where the appellate authority ordered the Sub-Divisional Officer to verify the certificate submitted by the petitioner, who on verification, vide letter dated 07.07.2014 submitted that the residential certificate no. 1923 dated 31.07.2013 is authentic and genuine. But without considering the report sent by SDO, Hussainabad, and averments made in appeal, his appeal was rejected. Learned counsel for the petitioner further submitted that since the impugned order is stigmatic one, full-dressed enquiry was required to be done before dispensing with the services of the petitioner, absence thereof renders the impugned a nullity in the eye of law. In support of his argument, learned counsel for the petitioner referred to the judgment rendered in the case of State Bank of India & Others Vs. Palak Modi and Another as reported in (2013) 3 SCC 607.