HARWENDER KUMAR SUMAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and the State.

(2.) By the impugned order, learned Single Judge has refused to interfere in the order of punishment of withholding of three increments without cumulative effect imposed upon the petitioner a Constable in the Indian Reserve Battalion-3 by the disciplinary authority (order dated 28th September 2014) upheld by the appellate authority (order dated 11 th August 2015).

(3.) In departmental proceeding no.12 of 2014 appellant Constable/363 under IRB-3, Chatra was proceeded for the charge that in the night of 9th April 2014 he indulged in abuse, misbehavior and physical assault in darkness within camp premises upon his superior provost Inspector Sunil Soren. This was an act of gross indiscipline which had created lack of confidence in the Police Force towards their superiors. The whole incident was inquired by the In-charge Grihpal Inspector Dhanpati Saweya who found the allegations true. During inquiry the report of the then provost Inspector Sunil Soren was adduced as Ext.1 and the report of In-charge Grihpal Inspector Dhanpati Saweya was adduced as Ext.2. Three witnesses were examined including Inspector Dhanpati Saweya, Hawaldar Satyendra Tiwari and since Sunil Soren had died before inquiry proceedings were concluded, he could not be examined but his report was adduced as Exhibit. The Inquiry Officer has opined that there were no instances of previous enmity against the delinquent on the part of Sunil Soren. The charges were found to be established, but the delinquent did not submit his reply to the second show- cause. On consideration of the materials on record the Commandant, IRB-3, Chatra vide order contained in memo no. 257 dated 28 th September 2014 imposed punishment of withholding of three annual increments equivalent to three black marks without cumulative effect.