Pramath Patnaik, J. - (1.) IN the aforesaid writ application the petitioner has inter alia prayed for issuance of writ in the nature of certiorari for quashing the order dated 30.10.07 vide Annexure -4 passed by the respondent No. 4, Commandant, Jharkhand Armed Police -8, wherein the petitioner has been dismissed from services and for issuance of writ in the nature of mandamus commanding the respondents to re -instate the petitioner in service with all back wages and other consequential benefits as per law.
(2.) BEREFT of unnecessary details the facts mentioned in the writ application is that in pursuance to selection by selection board, the petitioner was appointed as a constable on 05.08.2005 vide Annexure -1 to the writ application. After serving the department for more than one and half years, on 05.01.07 a show cause notice was issued to the petitioner wherein charges were framed as to why the petitioner be not terminated from services as per Annexure -2 to the writ application. After receipt of the show cause notice, the petitioner replied to charges framed against him by filing his 1st show cause reply as per Annexure -3 to the writ application. Since the 1st show cause reply submitted by the petitioner was not found satisfactory, departmental proceeding was initiated against the petitioner in departmental proceeding No. 31/07. During course of inquiry, the inquiry officer recommended for dismissal of the petitioner. Disciplinary Authority after recommendation of the Inquiry Officer dismissed the petitioner from services vide order dated 30.10.07 which is annexed at Annexure -4 to the writ application. It has been stated in the writ application that the petitioner filled up the form for appointment for the post of constable in Jharkhand in the year 2004, whereas the criminal case against the petitioner of Rohatas bearing No. 99/05 which is confirmed by the Superintendent of Police, Rohatas dated 11.10.2006 vide memo No. 4570 at Annexure -5 to the writ application. And charges of giving false information is falsified by the letter of Superintendent of Police, Rohatas annexed at Annexure -5 to the writ application. That the other charges regarding criminal allegation, it has alleged that the petitioner has got the appointment in Rohatas District by furnishing forged certificate of Home Guard on verification the certificate was found false. Since there are two opinion regarding genuineness of the said certificate - one says that certificate is genuine and other gives negative picture and the photo copy of the certificate has been annexed at Annexure -6 to the writ application. Since the veracity or genuineness of the certificate is pending for consideration before the court, no conclusive inference can be drawn. It would be apposite to mention here that the petitioner made an application for acceptance of his resignation before the Superintendent of Police, Rohatas and then joined his fresh appointment in Jharkhand, Ranchi in anticipation of acceptance of his resignation as it is evident from the Annexure -7 to the writ application.
(3.) BEING aggrieved by the order of dismissal, the petitioner preferred appeal before the appellate authority, which is stated to be pending before the authority till the filing of the writ application and a photocopy of appeal is annexed at Annexure -8 to the writ application.;