Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing the order dated 15.09.2012 passed by the D.I.G., Kolhan Range, Chaibasa as well as the order dated 04.03.2011 passed by the Senior Superintendent of Police, East Singhbhum at Jamshedpur pertaining to dismissal from services.
(2.) Sans details, the facts as disclosed in the writ application, in brief is that the petitioner was appointed on 24.11.2008 on the post of Police Constable in the District Police at Jamshedpur and he continued to discharge his duties to the utmost satisfaction of his superior authorities. On 18.09.2010 an F.I.R. was lodged vide Sakchi P.S. Case No. 246 of 2010 in Sakchi Police Station, Jamshedpur against the petitioner along with other police persons under Ss. 224, 225, 120 B of the Indian Penal Code and the statement was recorded that the petitioner helped an accused to escape from the Prisoner's Ward (M.G.M., Hospital Ward) in collusion with other police persons. On the basis of the said F.I.R., a departmental proceeding was initiated against the petitioner and the petitioner was suspended vide order dated 18.09.2010. Thereupon, charge memo was filed wherein the petitioner was charged to have helped an accused to escape from M.G.M. Hospital, Prisoner's Ward. In pursuance to the charge, petitioner submitted his reply denying the allegations. Thereafter, the petitioner was proceeded departmentally and the enquiry officer was appointed. The enquiry officer after conducting enquiry, on perusal of documents, submitted his report holding the petitioner guilty of all the charges and the petitioner was asked to file his show cause. The petitioner filed his show cause reiterating his earlier stand and the disciplinary authority on perusal of the enquiry report passed an order of dismissal vide order dated 04.03.2011 as per Annexure -5 to the writ application. Being aggrieved by the order of dismissal, the petitioner preferred appeal before the appellate authority and the appellate authority vide order dated 15.09.2012 dismissed the appeal by confirming the order dated 04.03.2011. Being aggrieved by the impugned order of dismissal dated 04.03.2011 and the order of the appellate authority dated 15.09.2012, the petitioner left with no alternative and efficacious remedy approached this Court under Article 226 of the Constitution of India, invoking extraordinary jurisdiction of this Court for redressal of his grievance.
(3.) Per contra, a counter affidavit has been filed on behalf of respondent No. 4 controverting the averments made in the writ application. In the counter affidavit, it has been inter alia submitted that the petitioner and other policemen who were deputed in M.G.M. Hospital, Prisoner's Ward, an information was received by the O/C Sakchi P.S. on 18.09.2010 that an under treatment prisoner Amlesh Singh has absconded from the prisoner's ward in M.G.M. Hospital and simultaneously the deputed Security Guards/policemen namely Police 1315 Vivekanand Yadav, Police 54 Hari Shankar Singh, Police 1231 Dinesh Kumar Yadav, Special Guard of Prisoner Amlesh Singh were also absconded leaving their all weapons and bullets and during enquiry Watchman Police 1762 Vimlesh Sharma told that the above mentioned three Policemen has gone outside the hospital with prisoner Amlesh Singh for his treatment and the guard register of M.G.M. Hospital was also produced by said police Vimlesh Sharma. In course of enquiry, a Mobile phone and Rs. 17,400/ - were recovered from the physical possession of Police 54 Hari Shankar Singh and said Harishankar Singh, did not reply for keeping of such a big amount from his pocket. It is further submitted that the Police Dinesh Kumar Yadav suddenly entered from the main gate of the Hospital premises without the prisoner Amlesh Singh and after enquiry the petitioner could not give the satisfactory answer. In this regard, further it was revealed that with the help of the aforesaid Policemen, Prisoner Amlesh Singh has absconded from the M.G.M., Prisoner's Ward in the name of treatment without any permission by the concerned Medical Officer of the Hospital. It is further submitted that on the very next morning at 5.10 a.m the prisoner Amlesh Singh was arrested with petitioner (Police 1315 Vivekanand Yadav) on the road towards the court and further during enquiry the petitioner accepted his guilt and further stated that previously on many occasions the deputed policemen took away the prisoner Amlesh Singh outside the hospital on some pretext and helped in his illegal works and for the said help the prisoner Amlesh Singh had given Rs. 22,000/ - per month to the Security Guard, M.G.M. Hospital, each police have got Rs. 3,000/ - per month and the special guards got Rs. 1000/ - per month and the petitioner also told that the police Harishankar Singh and Dinesh Kumar Yadav brought Amlesh Singh outside the Hospital, and during these period said Amlesh Singh used to meet with his wife and other persons and visited in under construction Puja Pandal at Sidgora. It has been submitted by the said police that on several occasions prisoner Amlesh Singh brought outside the hospital and in the Hospital so many persons used to meet with said Amlesh Singh and the Security Guard never asked about the order of the Chief Judicial Magistrate to meet with said Amlesh Singh. During enquiry, it has been revealed that all the said Policemen were found in civil dress having no service arms and they all were with Amlesh Singh and as such a separate criminal case vide Sakchi P.S. Case No. 246 of 2010 under Sec. 224, 225, 120B of the Indian Penal Code was instituted against the petitioner and others. In the departmental proceeding, the petitioner was charged to help an accused to abscond from the M.G.M. Hospital, Prisoner's Ward in collusion with other police persons and the charges against the petitioner for indisciplined, carelessness in duty etc. were framed and the Deputy Superintendent of Police, Head Quarter -I, East Singhbhum after properly conducting the enquiry held the petitioner guilty of charges of inefficience in duty, violation of order, dubious conduct and incapable of work as per Annexure -B to the counter affidavit. It has further been submitted that during course of trial in the departmental proceeding the concerned witnesses gave their evidences and the petitioner was cross examined. The witness Mr. Raj Kishore Prasad, Deputy Superintendent of Police (HQ -II), Jamshedpur and the petitioner himself denied to cross examine the other witness and in support of the said denial the petitioner duly signed on the depositions, hence the plea taken by the petitioner that the opportunity of cross examination of material witnesses was not given to the petitioner is not correct and the petitioner was given ample opportunity to defend his case, and therefore, respondent has rightly passed the order dated 04.03.2011 and dismissed the petitioner from police services. It has further been submitted that the Amlesh Singh is a convicted criminal and is also brother of famous gangster Akhilesh Singh, who is charge sheeted in 13 numbers of cases. The petitioner whose job was to work as a guard in M.G.M. Hospital of accused Amlesh Singh colluded with him in his activity and helped him in escaping from judicial custody. Fortunately, the said accused was caught outside the hospital at the right moment.;