SUBHASH PRASAD SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) .The petitioner has preferred this writ petition for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the order dated 4.10.2002 issued by the Deputy Inspector General of Police (Modernization and Provisions), Jharkhand whereby the petitioner was awarded the punishment of reduction in rank from the post of Sub -Inspector (Wireless Supervisor) Wireless Operation to the post of Assistant Wireless Sub Inspector (Wireless Operation) for a period of one year. It has also sought further order or direction commanding upon the respondent to make payment of petitioner's salary for the period under which he was kept under suspension by deducting the subsistence allowance as paid and other consequential benefits.

(2.) THE facts, in brief, as stated by the petitioner is set out as under: -

(3.) THE main contention raised by the petitioner is that one Somra Uraon has been already punished for the charges for theft and negligence and thus, he could not have been punished. It has further been submitted that the entire action was arbitrary and illegal and violative of the prescribed rules, circular and policy decision. He has further submitted that he was innocent and has been punished for no fault and thus, the entire action is illegal, unjust and violative of Article 14 of the Constitution of India.