BHUNESHWAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for quashing the memo no. 3672/ Confidential, dated 31.10.2013 corresponding of District Order No. 1867/ 2013 and the order of the Appellate Authority (DIG) by Memo No. 4490/Confidential Section, dated 21.09.2017, communicated by S.P. Simdega vide Memo No. 2849/ RO dated 13.10.2017 and for a direction for payment of full arrears, back salary with increments and allowances since the order of dismissal dated 31.10.2013.

(2.) The factual exposition as has been delineated in the writ petition is that petitioner was criminally prosecuted as non-FIR accused in Gumla P.S. Case No. 99/12, dated 10.04.2012, for the offences under Sections 3902 / 201 / 34 of the indian Penal Code . However, after trial, petitioner was acquitted vide order dated 30.09.2015, passed in S.T. No. 305/2012.

(3.) It is case of the petitioner that petitioner was asked to go to join Bano by order dated 11.04.2012 but he could not join as he was in judicial custody in connection with Gumla P.S. Case No. 99/2012 and therefore, was suspended from 20.04.2012 vide order passed by S.P. Simdega vide District Order No. 559/12, dated 21.04.2012 and communicated to him on 10.12.2012 (Annexure- 3). Thereafter, he was departmentally proceeded vide Departmental proceeding No. 03/2013, and Charge Sheet was issued against him. Thereafter, petitioner was declared guilty in the departmental proceeding no. 3/2013 by Conducting Officer - cum - Inspector General of Police, Bano, Simdega. Though petitioner was granted clean acquittal in S.T. Case No. 305/2012 but even in appeal, the Appellate Authority affirmed the order of dismissal. Since for the same set of allegations, departmental proceedings was also initiated against him and has been dismissed by the order passed by respondent no. 4 on the basis of report of respondent no. 5 - S.P. Gumla, petitioner has knocked door of this Court.