INDRADEO PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rishikesh Giril, learned counsel for the petitioner and Ms. Chandra Prabha, learned S.C. I for the respondents-State.

(2.) The petitioner has preferred this writ petition for quashing order dated 12.02.2008 whereby the punishment of withholding of increment in salary for one year and also of not making payment of the salary for the period 14.08.2006 to 11.06.2007 has been inflicted; further prayer has been made for quashing appellate order dated 09.05.2008 whereby the appellate authority has affirmed the order passed by the disciplinary authority; and further for quashing order dated 05.06.2009 passed in memorial appeal preferred by the petitioner.

(3.) The petitioner was a constable in the Special Branch of Jharkhand Police and while serving as such in the year 2006 a criminal case was lodged against the petitioner and four others under Section 302/201 of the Indian Penal Code for committing murder of his daughter-in-law and for disappearing her dead body, for which, he was taken into custody. Pursuant thereto the petitioner was put under suspension and a departmental proceeding was initiated against him, in which, a memo of charge was served upon him, to which, he replied. In the departmental proceeding, the enquiry officer was appointed who conducted the enquiry and the petitioner also participated in the said proceeding. The enquiry officer after enquiry came with a finding that the charges levelled against the petitioner has not been proved and exonerated the petitioner from the charges levelled against him in the departmental proceeding. But, the disciplinary authority differing with the finding recorded by the enquiry officer, inflicted the impugned order of punishment dated 12.02.2008, against which the petitioner preferred appeal but that has been rejected affirming the order passed by the disciplinary authority.