J.C.S. Rawat, J. - (1.) THIS writ petition has been filed for setting aside the enquiry report dated 29.6.04 (Annexure -4 to the writ petition); the punishment order (Annexure 5 to the writ petition) and the appellate order rejecting the appeal (Annexure -7 to the writ petition). It has also been prayed that the Petitioner may be exonerated from the charges levelled against him with all consequential benefits pursuant to the enquiry report dated 4.5.2004 (Annexure -3 to the writ petition).
(2.) THE Petitioner, an ASI of Police, while posted as Jail Watcher at Gumla, was suspended by the Superintendent of Police, Ranchi on the allegation of misconduct as well as absence from the duty from his place of posting. The enquiry was conducted against the Petitioner and after framing the charges, the first Inquiry Officer, Jharia Kujur submitted his report exonerating the Petitioner from the charges. When the disciplinary authority received the report in respect of the proceedings, he further appointed the 2nd Enquiry Officer, Sri Nageshwar Singh, Inspector of Police, to conduct the further enquiry. After the perusal of the evidence, he submitted his report and found the Petitioner guilty. Thereafter, the Disciplinary Authority passed the impugned order awarding the punishment to the Petitioner. The Petitioner preferred the appeal, which was rejected. Hence, this writ petition has been preferred by the Petitioner. The said writ petition has been contested by the Respondent authorities and it is alleged in the counter affidavit that when the disciplinary authority finds that there is sufficient evidence against the delinquent employee viz. the Petitioner, another second Enquiry Officer to conduct the enquiry can be appointed. It is further alleged that the second conducting Enquiry Officer, the Inspector of Police, Spl. Branch, Sri Nageshwar Singh conducted the enquiry and he did not re -examine the witnesses or recorded the fresh evidence and he appraised the evidence recorded by the 1st Enquiry Officer, he submitted his report holding the Petitioner guilty for the charges levelled against him. Consequent upon the report submitted by the 2nd Enquiry Officer, the Respondent further alleged that the Petitioner has been rightly punished and he sought the dismissal of the writ petition.
(3.) I have heard the learned Counsel for the parties and perused the record.;