- (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction to quash Zlladesh No. 4180/91 forwarded by letter No. 40 dated 4.1.92 issued by S.S.P., Ranchi whereby and whereunder the petitioner was dismissed from police service and he has further prayed for quashing the memo No. 2549 dated 29.5.1996 whereby the appeal of the petitioner has been rejected by the D.I.G., Ranchi. He has further prayed for issuance of direction to the D.G.P., Bihar, as he then was, to expedite the memoranda/revision filed under Rule 853(a) of the Bihar Police Manual.
(2.) THE facts in brief are set out as under: - According to the petitioner he was appointed on the post of Constable on compassionate ground due to the death of his father Ram Janam Singh, Havildar in the month of May, 1979 in Chaibasa Police. The petitioner proceeded on leave on 3.7.88 for 11 days and while returning from leave he became mentally ill and was treated for schizophrenia by Dr. U.N. Choudhary, Ranchi Mental Hospital, Kanke, Ranchi and became fit to resume his duty on 22.2.1990 and accordingly he joined his duty on 23.2.1990. The petitioner was departmentally proceeded against vide proceeding No. 21/90 for unauthorized absence for nearly one year and eight months and he explained the circumstances for absenting from duty to the Conducting Officer who submitted his report on 26.11.1991 to the S.S.P., Ranchi holding him guilty of the charges. The petitioner, thereafter filed a show cause during the course of departmental proceeding enclosing the medical certificate of Dr. U.N. Choudhary, Medical Officer, R.M.A., Kanke, Ranchi dated 22.2.1990. According to the petitioner he again suffered from mental disorder and reported sick on 28.9.1990 and went to his doctor and remained under treatment from 1.10.90 to 26.5.1991. According to the petitioner he was admitted at Ranchi Mental Hospital, Kanke on 27.5.91 and continued to be admitted till 5.6.1992. Thereafter, he was finally declared fit to resume his duty vide letter No. C -769 dated 5.6.92. However, according to petitioner when he went to join his duty he came to know that the S.S.P., Ranchi vide Ziladesh No. 4180/91 dated 4.1.92 has dismissed the petitioner on the charge of absenting from duty while he was undergoing treatment at Kanke Hospital. In Paras -3(G) and 3(H) of the writ petition he has stated as under: - "G. That when the petitioner recovered from madness went to join his duty, he came to know that the S.S.P., Ranchi vide Ziladesh No. 4180/91 had dismissed the petitioner on the charge of absenting from duty while he was undergoing treatment at Kanke Mental Hospital and the petitioner came back to his village home where he received letter No. 40 dated 4.1.92 of S.S.P. Ranchi communicating dismissal order. H. That the petitioner vide his application dated 9.1.92 made a representation to D.I.G., Ranchi and Senior S.P., Ranchi under Certificate of Posting from his home village post office."
(3.) ACCORDING to the petitioner he made a representation from his village on 9.1.92 under Certificate of Posting and also gave a reminder to dispose of the appeal on 4.9.94. It appears that the appeal was finally rejected vide memo 1\10.1238 dated 29.5.96 and thereafter he filed a memo of appeal/revision under Rule 853 of the Police Manual on 3.6.96 to the Director General of Police under Certificate of Posting which according to petitioner is still pending and has not been disposed of. It will be not in the interest of justice, at this belated stage to direct the D.G.P. to dispose of the memoranda/revision pending since 1996 when nearly more than 12 years have passed.;