AKHLAQUE AHMAD KHAN Vs. THE STATE OF JHARKHAND & ORS.
LAWS(JHAR)-2016-3-133
HIGH COURT OF JHARKHAND
Decided on March 16,2016

Akhlaque Ahmad Khan Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has inter-alia prayed for issuance of a writ in the nature of certiorari for quashing the order dated 28.05.2010 passed by Superintendent of Police, Garhwa and the order dated 15.06.2011 passed by the Appellate Authority i.e. Deputy Inspector General of Police, Palamau Range, Daltonganj affirming the order of punishment of forfeiting increment for 6 months which is equivalent to one black mark and for direction to respondents for payment of arrears of salary or any other monetary benefits.
(2.) Sans details, the facts as disclosed in the writ application, in a nutshell, is that while the petitioner continued as a constable, charges were framed against him on 7.06.2009 on the allegations that he misbehaved with officers by using abusive language. A detailed show cause was filed on 17.07.2009 denying all the charges levelled against him. The inquiry officer, after perusing the documents and examining the evidences, came to the conclusion that the charges levelled against the petitioner is partially proved. The disciplinary authority agreeing with findings of the inquiry officer has passed the order of forfeiture of 6 months increment of the petitioner which is equivalent to one black mark vide order dated 28.05.2010 and the appellate authority vide order dated 15.06.2011 dismissed the appeal affirmed by the disciplinary authority. Being aggrieved by the order of appellate authority, filed a revision petition before the Director-cum-Inspector General of Police, Jharkhand annexing all the relevant documents but nothing has been communicated to the petitioner till filing of the writ application. Being aggrieved by the action of the respondents, the petitioner left with no other alternative, efficacious and speedy remedy, has approached this Court invoking extra-ordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances.
(3.) A counter-affidavit has been filed on behalf of the respondents controverting the averments made in the writ applications. In the counter affidavit, it has been inter-alia submitted that there is no procedural irregularity by the respondent authorities and nor any violation of the principle of natural justice.;


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