- (1.) The Petitioner has filed writ petition for seeking the following reliefs: (I) For Issuance of writ/order or direction in the nature of certiorary for quashing the order dated 21.2.2004 contained in Annexure-4 passed by the Disciplinary Authority, the Respondent No. 4 and the order dated 26.7.2004 contained in Annexure-5 passed by Respondent No. 3, the Appellate Authority. (II) For issuance of writ In the nature of mandamus commanding the Respondents to pay the salary of the period: (i) 1.3.2003 to 20.3.2003, 20 days (ii) 21.3.2003 to 8.9.2003, 172 days (iii) 9.9.2003 to 27.9.2003, 19 days (iv) 28.9.2003 to 18.11.2003, 52 days (Salary of Suspension period i.e. half salary of 26 days)
(2.) The Petitioner was posted as an Assistant Sub-Inspector of Police in district Jamshedpur and he was transferred from Sunder Nagar Police Station of Jamshedpur to Palamau. He did not joint the new place of posting and remained absent for a period of 172 days and joined on 9.9.2003 and the charges were framed against him for remaining absent from the duty and show-cause notice was issued. Thereafter, a departmental enquiry was held. The enquiry officer after taking the reply of the delinquent officer as well as the evidences on record, found him not guilty and he exonerated the Petitioner from the charges.
(3.) The Disciplinary Authority did not agree with the findings of Enquiry Officer and held that the Petitioner is guilty and awarded punishment outrightly by withholding the salary of 18 months which was equivalent to three black marks and the period of absence was to be treated as no work no pay.;