Pramath Patnaik, J. - (1.) This Interlocutory Application has been filed for amendment in the writ petition by adding prayer seeking quashing of appellate order passed by D.I.G., dated 8.7.2003, whereby appeal against dismissal order has been affirmed. Prayer is allowed. For adjudication of the writ application, this application shall form pan of this writ application. I.A. No. 2390 of 2015 stands disposed of. W.P.(S) No. 5601 of 2012 In the accompanied writ application, the petitioner has inter alia prayed for issuance of a writ of certiorari for quashing of the order dated 6.6.2001 (Annexure -2) passed by Superintendent of Police, Pakur whereby the petitioner has been dismissed from the services and also for quashing of appellate order passed by D.I.G., dated 8.7.2003, whereby appeal preferred by the petitioner against the order of dismissal has been dismissed. The facts, as delineated in the writ application, in a nutshell is that the petitioner initially was posted as a Police Driver at Vaishali on February 3, 1982 thereafter transferred to Pakur in the year 1998. On 13.4.2000, the petitioner was deputed for collecting the allotted clothes, goods etc. with Police vehicle No. BR -12A/0524, accordingly the petitioner set out for Patna and reached on 14.4.2000 at 7:00 a.m. and was directed to stand by the vehicle in the premises of Central Clothes Store for the purpose of protection of vehicle and goods. On 15.4.2000 when the in -charge officer of Escort reached the office for the purpose of collecting the clothes, goods etc. then he came to know that the petitioner has departed the place without giving any information to the Escort -in -Charge and the petitioner remained absent from his duty from 15.4.2000 to 18.7.2000 i.e. 94 days without any information to the respondents. Thereupon, a departmental proceeding was initiated against the petitioner. It has been submitted that the petitioner was suffering from 'Jaundice' and was advised from doctor to take bed rest. After recovering from the said ailments, when the petitioner approached to the office of respondent with the medical certificate dated 14.7.2000 explaining valid reason for remaining absent, he came to know that he has been discharged/dismissed from his duty and the order of dismissal was served upon the petitioner vide order dated 6.6.2001 as evident from Annexure -2 to the writ application. It has further been submitted that without giving any opportunity to the petitioner, charge -sheet was submitted against the petitioner and even the petitioner denied the allegation yet the inquiry officer found the petitioner guilty and submitted his report to the disciplinary authority, vide report dated 30.4.2001 (Annexure -3 to the writ application), who passed the impugned order of dismissal. Thereafter, the petitioner filed an appeal before D.I.G., Santhal Pragana Region, Dumka on 25.6.2001 vide Annexure -5 to the writ application, which too has been dismissed vide order dated 8.7.2003 affirming the order, passed by the disciplinary authority.
(2.) Being aggrieved by the impugned order for dismissal from services as well as the appellate order, the petitioner left with no other alternative, efficacious and speedy remedy has approached this Court invoking extraordinary jurisdiction under Article 226 of the Constitution of India for redressal of their grievances.
(3.) Heard Mr. Pramod Kumar, learned counsel appearing for the petitioner and Ms. Shruti Shreshtha, J.C. to A.G., learned counsel appearing for the respondents and perused the records.;