LAWS(JHAR)-2018-11-118

GAINA SOREN Vs. STATE OF JHARKHAND

Decided On November 19, 2018
Gaina Soren Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard counsel for the petitioner and the State.

(2.) Petitioner was appointed as a constable (Police Force No. 773) at Deoghar District Police Centre under Advertisement No. 01/2010 and joined as such on 01.09.2011. He had failed to disclose the pendency of a criminal case instituted against him i.e. Sikaripara P.S. Case No. 54/2005 under sections 147/148/149/452/380/342/427/120B of the Indian Penal Code in which charge sheet was submitted on 08.06.2007 bearing no. 56/07. It is evident from letter dated 04.01.2013 bearing no. 18 issued by the Sargent Major, Police Centre, Deoghar (Annexure-1) He was served with a show-cause. Departmental Proceeding No. 19/14 was initiated against him. It concluded in the order of dismissal dated 31.12014 passed by the Disciplinary Authority / Superintendent of Police, Deoghar (Annexure-3). The Appellate Authority cum Deputy Inspector General of Police, Dumka (Respondent No. 3) also rejected his appeal by Annexure-5 order bearing Memo No. 1638 dated 13.10.2016. Both the orders are impugned herein.

(3.) Petitioner was convicted by judgment dated 30.11.2012 passed by the SDJM, Dumka in T.R. Case No. 769/2012 arising out of G.R. Case No. 769/2005 and sentenced to undergo rigorous imprisonment for one year under section 148/149 of the Indian Penal Code, further rigorous imprisonment for two years under sections 452/149 of the Indian Penal Code, simple imprisonment for six months under sections 427/149 of the Indian Penal Code and three months under sections 341/149 of the Indian Penal Code. He preferred an appeal against his conviction. Petitioner along with 19 others accused / convicts, have been acquitted vide judgment dated 29.08.2015 passed by the District and Sessions Judge-II, Dumka in Criminal Appeal No. 80/2012, 81/2012 and 82/2012 (Annexure-4).