- (1.) THE petitioner has challenged the penalty order dated 04.06.2003, the appellate order dated 24.11.2003 and Memorial order dated 15.07.2004 in this writ petition.
(2.) THE brief facts of the case are that, the petitioner was appointed as Constable in the district police on 12.11.1986. On 03.12.2002, he was issued a charge -memo wherein three charges were framed against him, namely, (i) absence from the duty without informing the department, (ii) he committed indiscipline and showed negligence in performing the duty when without depositing the pistol he left the duty with the pistol and the ammunition, (iii) he proceeded on leave with his service revolver and cartridge. A show cause notice was issued to the petitioner and the reply was submitted by him however, it was not found satisfactory and therefore, an inquiry was initiated against him. On conclusion of the inquiry, an inquiry report dated 16.04.2003 was submitted wherein the charges against the petitioner were found proved. The petitioner was issued second show cause notice and after considering the reply to the second show cause notice, the disciplinary authority passed order dated 04.06.2003 dismissing the petitioner from the service. The petitioner preferred an appeal which was dismissed by the Appellate Authority by order dated 24.11.2003 and the Memorial preferred by the petitioner was also dismissed on 15.07.2004.
(3.) A counter affidavit has been filed in which it has been stated that during the inquiry, the petitioner was accorded sufficient opportunity to defend himself and on conclusion of the inquiry, the charges levelled against the petitioner were found proved and considering the materials on record, the order of dismissal from service was passed which was confirmed by the Appellate Authorities.;