Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has, inter alia, prayed for Quashing the order of punishment dated 20.08.2010, passed by the respondent No. 4 in departmental proceeding No. 48/2008 pertaining to dismissal of the petitioner from services and for quashing of order dated 21.5.2011 passed by respondent No. 3, the appellate authority, confirming the order of the dismissal of the disciplinary authority and for quashing the order dated 6.2.2012 passed by respondent No. 2 rejecting the memorial/representation of the petitioner against the order of dismissal of the appellate authority and the petitioner has further prayed for direction upon the respondents to reinstate the service of the petitioner with all consequential benefits, including payments of back wages. The facts as described in the writ application in a nutshell is that the petitioner was registered in Bihar School Examination Board, Patna in the name of "Ranjan Kumar son of Kamta Singh" to appear in the matriculation examination as per the Annexure -1 to the writ application. Thereafter, the School Leaving Certificate was granted by the concerned school to the petitioner in the name of "Ranjan Kumar son of Shri Kamta Singh" as evident from the Annexure -2 to the writ application. The petitioner was granted passing Matriculation Certificate from Bihar School Examination Board, Patna in which the name of the petitioner has been recorded as "Ranjan Kumar son of Shri Kamta Singh" as per Annexure -5 to the writ application. The voter Identity Card granted by the Election Commission "of India shows that the name of the petitioner recorded as "Ranjan Kumar son of Kamta Singh" as evident from Annexure -6 to the writ application.
(2.) The petitioner was appointed as constable in Garhwa District on the basis of the certificates furnished by him vide order dated 18.5.2005. After appointment on the said post, the petitioner discharged his duties with due diligence and to the satisfaction of the authority. However, to the utter surprise a memo of charges were framed against the petitioner vide memo No. 3146 dated 2.2.2008 containing altogether 8 charges framed against the petitioner as per the Annexure -7 to the writ application. In pursuance to the charges framed against the petitioner, the petitioner submitted written statement of defence to the respondent No. 4 vide Annexure -8 dated 29.9.2008. The inquiry officer thereafter submitted his inquiry report on the alleged charges vide order dated 1.7.2010 as per the Annexure -9 to the writ application, holding the petitioner guilty of the charges. Thereafter, the petitioner submitted his reply to the respondent No. 4 on 31.7.2010 vide Annexure -10 to the writ application. The respondent No. 4 without taking into consideration the points taken by the petitioner in his reply dated 31.7.2010 dismissed the petitioner from services vide order contained in memo No. 2842 dated 20.8.2010, passed in Garhwa district departmental proceeding No. 48/08 vide Annexure -11 to the writ application.
(3.) Being aggrieved by the order of dismissal, the petitioner preferred an appeal before the respondent No. 3, which was rejected by the appellate authority and order contained in Memo No. 806/go. dated 21.5.2011 has been passed vide Annexure -12 to the writ application.;