Pramath Patnaik, J. - (1.) IN the aforesaid writ application, the petitioner has inter -alia prayed for issuance of a writ of certiorari for quashing the dismissal order dated 04.03.2010 passed by Superintendent of Police, Dhanbad, vide Annexure -4 to the writ application and also the order dated 05.07.2010 passed by the Appellate Authority i.e. Deputy Inspector General of Police, Coal Range, Bokaro vide Annexure -5 to the writ application, modifying the order of punishment of dismissal from services to compulsory retirement.
(2.) THE factual matrix, bereft of unnecessary details, in a nutshell is that initially the petitioner joined on the post of Constable on 31.10.1986. The Petitioner continued to discharge his duties to the utmost satisfaction of his superior authorities and was having unblemished service career. After rendering about 24 years of meritorious service, to his utter misfortune, departmental proceeding No. 67/09 was initiated against the petitioner on the allegation that on 12.05.2009 after taking liquor, he misbehaved with public in the Court Campus showing indiscipline, dereliction of duty unbecoming of a police personnel, which also tarnished image of police. In pursuance to the aforesaid charge the matter was inquired into by the Inquiry Officer who held the petitioner guilty in its report dated 05.01.2010, vide Annexure -1 to the writ application. The petitioner after coming to know about the findings of the inquiry submitted representation to the Superintendent of Police, Dhanbad on 15.02.2010 vide Annexure -2 to the writ application, enumerating his defence praying thereby for sympathetic consideration of his case. However, on the basis of the inquiry report in departmental proceeding No. 67/09 the Superintendent of Police, Dhanbad issued show cause to the petitioner for filing response to the proposed punishment of dismissal from services, vide Annexure -3 to the writ application. Thereafter, the Superintendent of Police, Dhanbad vide Memo No. 1294 dated 04.03.2010 dismissed the petitioner from services vide Annexure -4 to the writ application.
(3.) BEING aggrieved by the order dated 04.03.2010 issued vide Annexure -4 to the writ application, the petitioner submitted an appeal before the appellate authority -Deputy Inspector General of Police, Coal Range, Bokaro, who vide order dated 05.07.2010 modified the order of punishment from dismissal to compulsory retirement, as evident from Annexure -5 to the writ petition.;