- (1.) ASSAILING the order dated 21.04.2001 whereby penalty of dismissal from service has been imposed upon the petitioner, the appellate order dated 16.05.2003 and the order dated 07.08.2004 passed in the appeal Memorial preferred by the petitioner, the petitioner has moved this Court by filing the present Writ Petition.
(2.) THE petitioner was appointed in the year 1985 as Constable. A charge -memo dated 16.01.2000 was issued to the petitioner with the following allegations : (1) That on 05.11.1999, the petitioner came to Police Centre Pakur from Dharampur Guard, P.S. Littipara by saying to the Incharge Guard, Hawaldar Girdhar Paswan that he has to meet the Superintendent of Police. (2) That the petitioner did not remain present in the Guard till 09.11.1999, in relation to which as per the report of Incharge Guard, Hawaldar Giridhar Paswan his salary was withheld which relates to District order no. 807/99 dated 17.11.1999. (3) That on previous occasions also, the petitioner remained absent in the Night count at Pakur Guard, Magazine Guard Police Line, Pakur and Police Line which relates to District order no. 316/99 dated 07/05/99, District order no. 483/99 dated 22.06.99 and District order no. 577/99 dated 27.07.99 respectively. (4) That he also misbehaved with higher officials in drunk state for which on the basis of report of Sergeant Major, he was dismissed which relates to District order no. 11 / 2000 dated 05.01.2000. The petitioner submitted his written reply. A defence has been taken that one departmental inquiry could not have been contemplated with respect to different incidents which took place on different dates. Moreover, he was already punished for charge No. (4) and therefore, it could not have been included in the charge - memo. An inquiry was conducted and report dated 29.03.2001 was submitted in which mainly the charge levelled against the petitioner for unauthorised absence from 05.11.1999 to 09.11.1999 was found proved. The second show -cause notice was issued to the petitioner on 05.04.2001. The petitioner reiterated his stand and submitted his reply on 11.04.2001. The Disciplinary Authority passed an order of penalty of removal from service on 21.04.2001. The petitioner preferred an elaborate appeal before the Appellate Authority, however, the Appellate Authority dismissed the appeal of the petitioner on 16.05.2003. Thereafter, the appeal Memorial preferred by the petitioner was also dismissed on 07.08.2004.
(3.) FOR resisting the claim of the petitioner, a counter - affidavit has been filed stating that the inquiry was conducted in a fair manner and the petitioner was afforded reasonable opportunity to defend his case. The petitioner has been found negligent and absent from duty on three other occasions also. In view of the past misconduct of the petitioner, the order of penalty has been passed by the Disciplinary Authority and the Appellate Authorities have rightly rejected the appeal and appeal Memorial of the petitioner.;