NITESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ON 25.09.2013, when the matter was listed, on the second call also counsel for the petitioner was absent. Today also on the second call, counsel for the petitioner is absent. Learned counsel appearing for the respondents namely, Mr. Vaibhav Kumar is present.

(2.) HEARD learned counsel appearing for the respondents and perused the documents on record.

(3.) THE brief facts of the case as disclosed in the writ petition are that, the petitioner was appointed as Constable on 20.04.2005. The petitioner was suspended on 04.10.2010 on the allegation that he had stolen the ATM card of his colleague and withdrawn Rs. 27,400/ - on two occasions from the ATM machine. An enquiry was initiated in the matter and a report was submitted on 29.12.2010. A second show -cause notice was issued on 31.12.2010 to the petitioner and after considering the materials on record, on 08.01.2011 the disciplinary authority passed an order of dismissal from service which has been affirmed by the Appellate Authority as well as the Revisional Authority and therefore, the petitioner has approached this Court.