- (1.) In the aforesaid writ application the petitioner has inter alia prayed for quashing the order dated 20th August 2007 (Annexure 5) passed by the appellate authority-Deputy Inspector General of Police, Singhbhum East Kolhan Chhetra, Chaibasa and the order dated 17th October 2006 (Annexure 3) passed in Departmental Proceeding no. 128 of 2005 by the Superintendent of Police, Singhbhum East, Jamshedpur whereby the petitioner has been dismissed from services, and the petitioner has further prayed for direction upon the respondents to reinstate the petitioner in services with all back wages.
(2.) The brief facts of the case is that the petitioner was appointed as constable in the year 2000 and was posted at Golmuri Police Station. The petitioner while deputed at prisoner's ward in Mahatma Gandhi Memorial Hospital (in short 'M.G.M. Hospital') on 26th October 2005 a charge-sheet was given to him making allegation therein that one accused Prakash Rao, who was detained in M.G.M. prisoners' ward, requested the petitioner that he intends to go to Latrine and the petitioner has taken him to bathroom where the petitioner left the accused without hand-cuff at about 3 a.m., as a result of which the said accused Prakash Rao fled away because of negligence and dereliction of duty of the petitioner. It has been submitted that on the above-referred charge, the petitioner was asked to submit show cause within 15 days. It has further been stated that enquiry officer was appointed, who submitted his report to the Superintendent of Police, Singhbhum East, Jamshedpur. After receiving the copy of the enquiry report, the Superintendent of Police, East Singhbhum had issued second show cause notice to the petitioner without giving a copy of the enquiry report. It has been submitted that since the copy of the inquiry report was not given to the petitioner, he had not filed show cause, however, the Superintendent of Police, Singhbhum East, Jamshedpur dismissed the petitioner from services on 17th October, 2006. Being aggrieved by the order of removal from the services, the petitioner preferred an appeal before the Deputy Inspector General of Police, Kolhan Range, Chaibasa enumerating all the facts, but, the D.I.G. police, East Singhbhum, Kolhan Range vide order dated 20th August, 2007 rejected the appeal preferred by the petitioner vide Annexure 4 to the writ application.
(3.) Controverting the averments made in the writ application, a counter affidavit has been filed on behalf of the respondent no. 3. It has been stated in the counter-affidavit that the petitioner took the prisoner to toilet without handcuff around 3 to 4 am and when the prisoner was inside the toilet he did not prefer to confirm whether the prisoner is inside or not and taking advantage of negligence of petitioner the prisoner fled away from there. As such proper charge-sheet was served upon the petitioner for severe negligence, dereliction of duty. It has further been stated in the counter affidavit that it is not correct to state by the petitioner that he was not provided the inquiry report with the second show cause, but, as matter of fact the petitioner himself wrote a letter dated 29.06.2006 to the conducting officer wherein the petitioner had stated that the show cause is to be treated as his final show cause. Moreover, the petitioner in the letter dated 29.06.2006 did not make any complaint in respect of the supply of enquiry report and as such the plea taken by the petitioner is not sustainable in the eye of law. It has further been contended in the counter affidavit that the then Superintendent of Police vide Memo no. 5345 dated 21.08.2006 had asked the petitioner to file his last and final defence against the major punishment within 15 days otherwise it will be construed that the petitioner did not want to give any defence, as such the impugned order has been passed as per law and the materials available on record.;