RANJU KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the accompanied writ petition, the petitioner has, inter alia, prayed for quashing the order dated 30.03.2015, contained in Memo no.100/Confidential issued by respondent no.4 pertaining to punishment of withholding of sixth months' annual increment, which is equivalent to one Black Mark and the period of suspension has been treated as half salary. The petitioner has further prayed for quashing the order dated 06.08.2015 passed by the appellate authority confirming the order of punishment passed by the disciplinary authority.

(2.) Sans details, the facts as delineated in the writ petition, is that while the petitioner was posted as Lady Constable at Jharkhand Armed Police-10, Mahila Battalion, Hotwar, Ranchi, a departmental proceeding was initiated against her on the ground that regarding deputation for election duty on 16.12.2014 at 16.30 P.M. at Dumka district, P.S.-Taljhari, Vinu Adarsh Middle School, the petitioner quarreled with Mahila Police 397 Rojlin Ekka for this conduct, the Company Commander warned the petitioner for quarreling with the lady constable but by contravening the direction of the Company Commander, petitioner again assaulted the said lady constable-Rojlin Ekka and she was wounded and then she was sent to medical health center, Jarmundi. The matter was enquired into by the enquiry officer, who found the petitioner guilty of the charges and the charge sheet was issued and the petitioner was put under suspension vide Annexure-1 to the writ petitioner. Regarding the Charge of assaulting the lady constable, the petitioner submitted her clarification denying the allegation. The enquiry officer on the basis of enquiry submitted report vide Annexure-4 to the writ petition and found the petitioner being guilty of the charges. Thereafter, the disciplinary authority basing on the report of the enquiry officer has inflicted the punishment of withholding of six months' annual increment, which is equivalent to one black mark as well as payment of subsistence allowance only during the period of suspension.

(3.) Being aggrieved by the order of the disciplinary authority, the petitioner preferred appeal before the appellate authority vide Annexure- 13 to the writ petition and the appellate authority vide order dated 06.08.2015 has been pleased to confirm the order passed by the disciplinary authority. The petitioner left with no other alternative and efficacious remedy, has been constrained to approach this Court invoking extraordinary jurisdiction under Article 226 of the Constitution of India.