- (1.) D .G.R. Patnaik, J: Both these writ applications based on identical facts and common grounds, are taken uptogether for disposal.
(2.) HEARD counsel for the petitioners and the counsel for the respondents. The petitioner Prafulla Kumar Jha in WPS No. 140 of 2007 has prayed for quashing the order dated24.7.2006 (Annexure -7), passed by the Disciplinary Authority whereby, the petitioner was terminated from service. Further prayer has also been made for quashing the order dated 14.11.2006 (Annexure -5), passed by the Appellate Authority whereby, the appeal preferred by the petitioner against the impugned order of the Disciplinary Authority, was dismissed. The petitioner Sanjay Kumar Singh in WPS No. 218 of 2007 has challenged the order dated 19.6.2006 passed by the Disciplinary Authority whereby, the petitioner's service was terminated. Challenge is also made to the order dated 12.9.2006 passed by the Appellate Authority whereby, the appeal preferred by the petitioner against the impugned order of the Disciplinary Authority, was dismissed.
(3.) FACTS of the case of the petitioners in brief is as follows: Both the petitioners were posted as constables in the district of East Singhbhum at MGM Police Station at Jamshedpur. A departmental proceeding was initiated against them upon certain charges and on the accusation that on 12.11.2005, the Additional Superintendent of Police, Jamshedpur, in course of his search of the MGM Police Station Mobile Van on National Highway -33, in between Dimna -Belajudi, found the Mobile Van parked near Belajudi Kali Temple. The Additional Superintendent of Police saw ASI Ram Kumar Prasad standing behind the Mobile Jeep while Constables Prafulla Kumar Jha (Petitioner) and Ashok Kumar Chourasia were collecting money from drivers of trucks. Two other constables namely, constable Bahadur Singh and constable Sanjay Kumar Singh (Petitioner) were also standing nearby. It was alleged that though, these police personnel were assigned the duty of conducting investigation in respect of a case at Uuria Basti, but without being assigned any duty for checking vehicles, these petitioners along with the two other constables and the ASI were found stopping trucks and realizing money from the truck drivers. With these allegations, the Additional Superintendent of Police submitted a written complaint on 13.11.2005 to the Superintendent of Police.;