- (1.) In the instant writ application, the petitioner has, inter alia, prayed for issuance of writ in the nature of certiorari for quashing of Memo No. 1392 dated 28.02.2005 passed by respondent no. 4-Superintendent of Police, Jamshedpur wherein the petitioner has been dismissed from service with immediate effect pursuant to Departmental Proceeding No. 83 of 2004, and for quashing of Memo No. 715 dated 24.09.2005 and Memo No. 353 dated 26.10.20106 passed by appellate authority and revisional authority respectively and also for direction upon the respondents to reinstate the petitioner in service with all consequential benefits.
(2.) The facts of the case, as delineated and described in writ application, in a nutshell are that the petitioner, while serving on the post of Havildar at Tuiadugri T.O.P under Golmuri Police Station, on 13.07.2004 at 6.00 a.m. the Police Inspector, Golmuri Circle conducted a raid at the residence of petitioner from where one Matiz Car bearing Registration No. BR-06C-4698 was recovered and the accused persons including the son of the petitioner was arrested, who were wanted in Muzaffarpur Sadar P.S. Case No. 262 of 2003 dated 24.12.2003 and Muzaffarpur P.S. Case No. 139 of 2004 dated 04.07.2004. Basing on the receipt of complaint by Police Inspector, Golmuri Circle, the respondent no. 4-Superintendent of Police, Jamshedpur put the petitioner and her husband, who is also a Havildar, under suspension, in contemplation of departmental proceeding and in the departmental proceeding memo of charge was served on the petitioner on 20.07.2004, under Annexure 2. After receipt of memo of charge, the petitioner submitted explanation on 26.07.2004, under Annexure 3. Thereafter, conducting officer was appointed, who submitted the report finding that the charges levelled against the petitioner have been proved. A second show cause notice was issued to the petitioner, to which, the petitioner filed her explanation on 16.02.2005 denying the allegations levelled against her. Thereafter, the disciplinary authority, after taking into account the charges and enquiry report inflicted the order of dismissal from service vide Memo No. 1392 dated 28.02.2005, under Annexure 8, which has been affirmed by the appellate authority as well as by the Revisional authority.
(3.) Heard Mr. Prem Chand Tripathy, learned senior counsel for the petitioner and Mr. Atanu Banerjee, learned counsel for the respondents.;