PREM PRAKASH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenging the penalty order dated 31.10.2012 and the appellate order dated 01.04.2013, the petitioner has approached this Court by filing the present writ petition.

(2.) The brief facts of the case are that, on 13.05.2005 the petitioner was appointed as a Constable. The petitioner was awarded Presidential Gallantry Award and thereafter he was granted out of turn promotion and was promoted on the post of Assistant Sub-Inspector of Police. On 27.03.2012, the petitioner was put under suspension. A charge-memo dated 17.04.2012 was served to the petitioner to which he submitted his reply however, it was found not satisfactory and therefore, a departmental enquiry was initiated in which three witnesses were examined by the department. The enquiry report dated 30.07.2012 was submitted holding the charge proved against the petitioner. By order dated 31.10.2012 penalty of forfeiture of increment for one year was passed by the disciplinary authority. The appeal 2 preferred by the petitioner has been dismissed by order dated 01.04.2013.

(3.) A counter-affidavit has been filed on behalf of respondent no. 4 stating as under,