- (1.) The petitioner has approached this Court with the following prayers : (i) For quashing the order issued by the Superintendent of Police, Railway, Jamshedpur vide memo no. 547 dated 24.09.2005, whereby the charges levelled against the petitioner stand proved and the petitioner has been awarded the punishment of dismissal from service. (ii) For quashing the appellate order issued by the Director General of Police, Railway, Jharkhand, Ranchi vide memo no. 118 dated 16.07.2012, whereby the order of punishment awarded to the petitioner has been confirmed.
(2.) The brief facts of the case are that, a chargememo was given to the petitioner on 03.08.2002 on the allegation that he boarded a different bogie of the train in complete disregard to the official command given to him and he extorted money from two businessmen. An enquiry was conducted and the enquiry report was submitted on 09.11.2004. By order dated 24.09.2005, an order of dismissal from service was passed by the disciplinary authority which has been affirmed by the appellate authority by order dated 16.07.2012. A criminal case was also instituted however, vide judgment and order dated 02.05.2008, the petitioner and other coaccused namely, Jay Mangal Prasad Mandal have not been found guilty.
(3.) A counteraffidavit has been filed by the respondents stating therein that the charges levelled against the petitioner are very serious and after a properly conducted departmental enquiry, the charges have been found proved. Another coaccused namely, Jay Mangal Prasad Mandal had earlier approached this Court in W.P.(S) No. 7662 of 2011, challenging the order of his dismissal from service and the said writ petition was dismissed by order dated 18.09.2012. In these facts, the respondents have resisted the prayer of the petitioner.;