Amareshwar Sahay, J. - (1.) THE petitioner, who was a police constable, has been dismissed from service after a departmental proceeding by an order as contained in Annexure -8, passed by the Superintendent of Police, Lohardaga holding that the charges against the petitioner was established. Even the departmental appeal filed by the petitioner against his dismissal from service has been dismissed by the Deputy Inspector General of Police, South Chhotanagpur Range, Ranchi vide his order dated 29/05/2004, contained in Annexure -9 to the writ application.
(2.) THESE are the two orders, which are under challenge in this writ application. While the petitioner was posted at Lohardaga in the year 2001, a criminal case was instituted against him and two others at the instance of one Jhirgi Oraine wherein she alleged that the petitioner committed rape on her on several occasions on false pretext of marriage. The case was registered under Section 376, 417 and 120B IPC. The petitioner was put under suspension vide order dated 26/05/2001 and a departmental proceeding was initiated against him and he was directed to file his show cause.
(3.) THE enquiry report was submitted on 28/10/2002 holding the petitioner guilty of the charges. According to the petitioner, in the departmental proceeding he was not given sufficient opportunities to cross -examine the witnesses, who were examined on behalf of the prosecution. The petitioner further alleges that his show cause was not considered by the Enquiry Officer in his inquiry report.;