AMARESHWAR SAHAY, J. - (1.) Heard the parties.
(2.) THE prayer of the petitioner in this writ petition is for quashing the order contained in Memo No. 648(A) dated 20.9.2007 (Annexure -14) whereby, pursuant to the order passed by this Court in W.P. (S) No. 3692 of 2004, after considering the materials on record, affirmed the earlier order dismissing the petitioner from services as Police Constable. The facts in short are that the petitioner who was appointed as a Police Constable, was departmentally proceeded for the charge that on the alleged date and time of occurrence, he came in civil dress and started abusing the Assistant Sub -Inspector of Railway Police. Tata Nagar by uttering words "Chamar" and he also tried to tear the Station Diary kept on the table of the Munshi and he threw the telephone set on the ground. For the same allegations, an FIR was also registered for committing offence under Sections 385, 352, 506, 323 and 427 of the Indian Penal Code and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act against the petitioner.
(3.) THE enquiry officer, after concluding the departmental enquiry, held that the charges against the petitioner was established and thereby the disciplinary authority, on the basis of the enquiry report, punished the petitioner by dismissing him from service. The petitioner, thereafter, filed an appeal against the order of dismissal from the service before the Deputy inspector General, Railway, which was also dismissed by affirming the order passed by the disciplinary authority.;