Sujit Narayan Prasad, J. - (1.) THE petitioner has challenged the order dated 12.4.2007 (Annexure -6), by which he has been removed from service by exercising the powers conferred under Rule 668(a) of the Jharkhand Police Manual.
(2.) THE brief facts of the case is that petitioner was appointed on the post of Constable in India Reserve Battalion and joined on the said post on 9.5.2005 at Padma Police Training Centre, Hazaribagh and underwent training for six months and after completion of training successfully he was posted and was discharging his duty. That while the petitioner was undergoing training of firing practice under Border Security Force at Meru Sitagarh Range, District Hazaribagh, he sustained injury in his ear and developed some problem in hearing and acute pain in his ear, for which the petitioner was referred for specialised treatment, and as per the advice of doctor, he underwent operation on 30.03.2007, and to this effect the petitioner has also annexed the medical prescription as Annexure 3 to the writ petition.
(3.) FURTHER the case of the petitioner is that when the petitioner has not resumed his duties after the sanctioned leave for twelve days i.e. from 2.1.2007 to 14.1.2007, after waiting for few days the respondent authority removed him from service vide Memo No. 459 dated 12.4.2007 passed by the Commandant, India Reserve Battalion, Camp Musabani district East Singbhum, exercising power conferred under Rule 668(a) of the Police Manual, with retrospective effect.;