- (1.) THE petitioner has approached this Court challenging the penalty order dated 04.03.2011 and the appellate order dated 08.08.2012.
(2.) THE brief facts of the case are that, the petitioner was appointed as a constable in the year, 2009 and he was suspended on 18.09.2010 on the allegation that he along with other guards helped one accused Amlesh Singh escaping from the ward in MGM Hospital, Jamshedpur. A criminal case was registered against the petitioner and other guards. A memorandum of charge dated 21.09.2010 was served upon the petitioner on similar allegations besides the allegation of taking money from the convict Amlesh Singh for helping him to escape from the ward. A departmental inquiry was initiated and in the departmental inquiry witnesses were examined on behalf of the department. The inquiry report was submitted on 31.01.2011 and on 12.02.2011, a second show -cause notice was issued to the petitioner. The disciplinary authority agreeing with the findings recorded by the inquiry officer passed the order of dismissal from service on 04.03.2011. Thereafter, the petitioner preferred an appeal which however was not decided by the appellate authority, and therefore, the petitioner approached this Court in W. P. (S) No. 2054 of 2012 which was disposed of on 17.05.2012 with a direction to the respondent no. 3 therein to decide the appeal preferred by the petitioner within a period of twelve weeks. Finally, the appeal preferred by the petitioner was dismissed by order dated 08.08.2012. A counter affidavit has been filed on behalf of respondent no. 4 stating as under: 9. "That with regard to the statement made by the petitioner in paragraph 4 to 14, in the instant writ petition under reply, it is humbly stated and submitted that the same are matter of records, but it is not correct to state by the petitioner that the Disciplinary Authority did not consider the show cause filed by the petitioner and without application of mind and without assigning any cogent reason, passed the order of dismissal, but as a matter of fact, the Disciplinary Authority after considering the show cause/reply filed by the petitioner as well as the finding of Enquiry Officer and also considering the other materials of record in departmental proceeding, ultimately the petitioner was found guilty and the petitioner was found guilty and the petitioner has been dismissed from his service, and the order for dismissal is justified one. 10. That with regard to the statement made by the petitioner in paragraph 15 and 16, in the instant writ petition under reply, it is humbly stated and submitted that the same are concerned with the appeal filed by the petitioner and the order passed by Hon'ble Jharkhand High Court in W. P. (S) No. 2054 of 2012 and the same is matter of record, hence required no comment. 11. That with regard to the statement made by the petitioner in paragraph 17 to 21, in the instant writ petition under reply, it is humbly stated and submitted that the entire allegations alleged by the petitioner in the writ application are hereby specifically denied by the answering respondent. It is further submitted that the petitioner and other Policemen were deputed in M.G.M. Hospital on prisoners duty on 18.09.2010, an information was received by the Officer -in -charge Sakchi Police Station that on under treatment prisoner Amlesh Singh has absconded from the prisoner's ward in M.G.M. Hospital and simultaneously the deputed Police guards namely Police 54 Hari Shankar Singh, Police 1315 Vivekanand Yadav and Police Dinesh Kumar Yadav Guard of Prisoner Amlesh Singh were also absconded leaving their all weapons and bullets and during enquiry Watchman Police 1762 Vimlesh Sharma told that the above mentioned three Policemen has gone outside the Hospital with prisoner Amlesh Singh for his treatment, and the guard register of M.G.M. Hospital was also produced by said Police Vimlesh Sharma. 12. That is humbly stated and submitted that in course of enquiry a Mobile Phone SIM No. 9279135023, and Rs. 17,400/ were recovered from the Physical possession of Police 54 Hari Shankar Singh and Harishankar did not give any reasoned reply of having such a big amount on his Pocket. It is further submitted that the petitioner suddenly entered from the main gate of Hospital premises without the prisoner Amlesh Singh and after enquiry the petitioner could not give satisfactory answer. In this regard and on further investigation it was revealed that with the help of the aforesaid Policemen, prisoner Amlesh Singh has absconded from the M.G.M. Prisoners Ward in the name of treatment without any permission by the concerned Medical Officer of the Hospital and the information in Hospital guard register was found only an ostentation one. 13. That it is humbly stated and submitted that on the very next morning at 05:10 A.M. the prisoner Amlesh Singh was arrested with Police 1315 Vivekanand Yadav on the road towards the Court and during enquiry Police Vivekanand Yadav was accepted his guilt and further stated that previously in many occasions the deputed Policemen got the prisoner Amlesh Singh out side the hospital on several pretext and helped in his illegal works and for the said help prisoner Amlesh Singh used to give Rs. 22,000/ per month to the Police Security Guard, M.G.M. Hospital, each Police have got Rs. 1,000/ P. M. and the said Policemen Vivekanand Yadav also told that Police Hrishankar Singh and the Petitioner were took away Amlesh Singh out side the Hospital, and during these period said Amlesh Singh used to meet his wife and other persons and visited in under construction Puja Pandal at Sidgora, and it is also stated by the said Police in several occasion prisoner Amlesh Singh brought out side the hospital and in the Hospital so many persons were used to meet with said Amlesh Singh and the security guard never asked for showing the order of the Chief Judicial Magistrate to meet with Amlesh Singh and had never made any complaint in this regard, and during enquiry it was revealed that all the said Policemen were found in civil dress, not in uniform, neither they have any service arms and all they were with Amlesh Singh like his friend, and as such the petitioner and other Policemen were suspended and accordingly the Departmental Proceeding vide no. 250/10 was initiated against he petitioner and a separate criminal case vide Sakchi P. S. Case No. 246 of 2010 under section 224/225/120B of Indian Penal Code was instituted against the petitioner and others. 
(3.) HEARD learned counsel appearing for the parties and perused the documents on record.;