Tapen Sen, J. - (1.) Heard Mr. M.S. Anwar, learned Senior Counsel for petitioner and Mr. Pradip Modi, learned G.P.I, for the State-respondents.
(2.) The petitioner in this case has challenged the order of dismissal from service passed on 28.10.1992 as contained in Annexure-10 by reason whereof he was dismissed with effect from 1.12.1992. The petitioner also challenges the order of the Appellate Authority passed on 27.6.1993 as contained in Annexure-11 by reason whereof the appeal filed by the petitioner against the aforementioned order dated 28.10.1992 was rejected.
(3.) The facts, which are necessary to be taken note of in the instant case are that while he was in service having been employed as Constable in Ranchi, a departmental proceeding was initiated upon service of a charge-sheet (Annexure-1), whereby and whereunder the following charges were levelled against him : (i) On 13.9.1990 the petitioner was supposed to have escorted a V.I.P. from the Ranchi Railway Station, but he absented himself as a result of which some body else had to be deputed in his place; (ii) On 14.9.1990 the petitioner came to the office in the morning and when he was asked as to why he had not attended to his duties, he gave a very rude reply; (iii) Upon an inquiry it was found out that the main reason as to why the petitioner did not attend his duties was on account of his having an affair with one Arti Anita Toppo who was also a lady constable and that his own wife Smt. Naseema Praveen had also complained about his behaviour towards her and had referred to the illicit relationship of the petitioner along with the said Anita Toppo. A true copy of the aforementioned charge-sheet is Annexure-1 to the writ petition.;