- (1.) Petitioner being aggrieved with the order dated 21-10-2005 passed by Disciplinary Authority and the order dated 20-12-2006 passed by the Appellate Authority, has approached this Court by which the petitioner has been dismissed from service.
(2.) It has been submitted on behalf of the petitioner that the petitioner was appointed in the District Police and was deputed on 31-3-1978 in patrolling duty on railway station but after seeing the naxalite all the police party including the petitioner had fled away. On these grounds a show cause notice was issued to the petitioner and on the basis of the show cause notice when the reply of petitioner was not found satisfactory, the petitioner was dismissed from service on 20th September, 1979. Against the order of dismissal dated 20th September, 1979 appeal was preferred which was rejected. The order of dismissal was challenged by the petitioner before Hon'ble Patna High Court and Hon'ble Supreme Court which was also dismissed.
(3.) Learned counsel for the petitioner further submitted that thereafter, in reference to the letter No. 2580 dated 22-10-1992 petitioner was reinstated in service vide letter No. 10018 dated 29-12-1993. In pursuance to the same the petitioner was posted in B.M.P-3 Govindpur, Dhanbad. One Sri. Rajendra Bind had preferred writ petition before Hon'ble Patna High Court being C.W.J.C. No. 7544 of 1999 raising point that for the same charge, when the petitioner was dismissed but subsequently he has been reinstated in service, similar relief may also be granted to Sri. Rajendra Bind. In terms of the said writ petition it was informed by the headquarter of Bihar Patna vide letter dated 18-2-2005 for review of the decision taken with respect to the petitioner for reinstatement. In course of enquiry it was found that the order of reinstatement issued with respect to the petitioner vide letter No.10018 dated 29-12-1993 which was referred in the letter No. 2580 dated 22-10-1992 was prima facie found to be forged. After coming to this conclusion a show-cause notice was issued to the petitioner vide letter No. 3839 dated 27-4-2005 for dismissing the service of the petitioner. Thereafter, impugned order has been passed.;