MANOJ KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing order dated 19.08.2007 whereby petitioner has been terminated from services.

(2.) The facts, in brief, is that on the allegation that petitioner was found absent from duty while he was posted at Dumka to maintain law and order in Holi Festival. Based on such allegation, a charge was framed against the petitioner and Departmental Proceeding No. 69 of 1992 was initiated against the petitioner, which culminated in passing of order of dismissal of the petitioner from services by disciplinary authority-Superintendent of Police, Bhagalpur vide order dated 19.02.2002 and in the light of that order of dismissal, the Superintendent of Police, Dhanbad dismissed the petitioner from services. Pursuant thereto, the petitioner preferred appeal which was disposed of vide order dated 19.08.2007, which is impugned in this case. However, before preferring appeal, the petitioner has also approached this Court by filing W.P. (S) No. 469 of 2003, which was allowed vide order dated 25.03.2003 with liberty to the respondents to proceed afresh.

(3.) Learned counsel for the petitioner submitted that the entire departmental proceeding is fraught with procedural irregularity as the petitioner has neither been provided copy of charge-sheet nor he was afforded proper opportunity of hearing and he was never allowed to appear before enquiry officer to produce any relevant document or evidence. Learned counsel for the petitioner further submitted that the matter, which was set at rest for the last one decade has been re-opened, which is designed to harass the petitioner. Learned counsel for the petitioner further submitted that in the said appeal though the petitioner raised all relevant points but without appreciating the points put forth by the petitioner, the appellate authority out-rightly rejected the appeal. In support of his submission, learned counsel for the petitioner referred to the decision rendered in the case of Diwakar Giri Vs. State of Jharkhand and Ors as reported in 2007 (1) JCR 412; Ashok Chandra Deogharia Vs. Ranchi-Khunti Central Co-operative Bank Ltd and Ors as reported in 2005 (2) JLJR 492; Terres Ekka Vs. State of Jharkhand as reported in (2007) 2 JLJR 41; Shri Bhagan Lal Arya Vs. Commissioner of Police, Delhi and Ors as reported in (2004) 4 SCC 560.