Pramath Patnaik, J. - (1.) Being aggrieved by the impugned order dated 26.10.2010 passed by the Director General and Inspector General of Police, Government of Jharkhand, imposing the order of punishment of compulsory retirement vide Annexure-12 and the order of the appellate authority dated 21.5.2011 vide Annexure-15, the accompanied writ application has been filed for quashing of the said orders.
(2.) The brief facts, as disclosed in the writ application, in a nutshell are that initially the petitioner was appointed to the post of Sub-Inspector of Police on 1.7.1976 and subsequently promoted as Inspector of Police on 11.12.1987 and continued as such till the imposition of compulsory retirement from the services i.e. 26.10.2010. While the petitioner was working as Inspector of Police at Giridih, a draft charge was issued by the Deputy Inspector General of Police, North Chotanagpur Range, Hazaribagh (respondent No. 4) on 19.2.2007 levelling various allegations. Out of the said charges, one charge was relating to remarriage by the petitioner in the year 1989 with Rajshree Dvivedi without getting permission from the Department, during subsistence of first marriage in violation of Section 18 of the Service Conduct Rules, 1956. Apart from this, other allegation against the petitioner has been levelled that he manhandled Jayshree Dvivedi due to which, P.S. case No. 24/2007 for the offence under Sections 341, 323, 427, 504 and 34 of the IPC, was lodged against him and that paper publication of such incidences, related matters tarnished the image of police and on the basis of the aforesaid alleged charges, petitioner was suspended with immediate effect. The petitioner submitted his preliminary explanation with regard to aforesaid charges denying the allegations. In the said explanation, the petitioner asked for certain relevant documents such as proof for the alleged second marriage in the year 1989 etc. The petitioner also asked for certain essential exhibits relating to draft charge from respondent No. 4, but the request of the petitioner was never acceded to. On the basis of the letter received from the petitioner, wherein the respondent No. 4 vide letter dated 20.4.2007 clearly mention that there is no proof of alleged second marriage as evident from Annexure-4 to the writ application. The petitioner has filed W.P. (S) No. 1219 of 2007 before this Hon'ble Court for quashing the charge-sheet and order of suspension and the said writ petition was disposed of on 15.6.2007 directing the respondent to expedite the departmental proceeding of the petitioner and conclude the same within a period of two months from the receipt/production of a copy of the order. Again, the petitioner filed W.P. (S) No. 4002 of 2007 challenging the order dated 14.5.2007 passed by the Jharkhand State Women's Commission, Ranchi and in the said case interim order was passed by this Hon'ble Court on 19.8.2008, but the same is subjudice till filing of this writ application. The petitioner made representation on 15.9.2007 to respondent No. 4 requesting therein to conclude the proceeding. Again on 8.12.2007 representation was filed by the petitioner to allow him to produce the witnesses. Ultimately, respondent No. 5 issued memo dated 20.12.2007 rejecting the representation of the petitioner and was directed to place the final defence and the petitioner submitted his final defence before the respondent No. 5. The respondent No. 4 recommended for punishment of compulsory retirement, busing on the opinion of the conducting officer and the respondent No. 3 issued a letter dated 11.5.2008 asking for show-cause on the proposed punishment to which the petitioner submitted his reply requesting therein to cancel the requesting therein to cancel the proposed punishment, and if necessary, for de novo proceeding, but the respondent No. 3 passed order dated 26.10.2010 imposing punishment of compulsory retirement vide Annexure-12 to the writ application. Being aggrieved by the impugned order of punishment of compulsory retirement, the petitioner preferred appeal but the appellate authority rejected the appeal vide order dated 21.5.2011 as evident from Annexure-15 to the writ application.
(3.) Heard Mr. Sohail Answer, learned senior counsel for the petitioner assisted by Mr. Afaque Ahmad and Mr. Prem Pujari (JC to GA) appearing for the respondents.;