- (1.) PETITIONER has preferred this writ petition for issuance of a writ in the nature of certiorari to quash the order, passed by the Superintendent of Police, as contained in District Order No. 44 dated 8.1.1993 vide which the services of the petitioner has been dismissed. Petitioner has also prayed for quashing the appellate order dated 21.4.1999, passed by the Deputy inspector General of Police, whereby, the appeal, preferred by the petitioner against the order dated 8.1.1993, was rejected and. has further prayed to quash the order dated 10.6.2000, passed by the Director General & Inspector General of Police, Bihar, Patna, whereby, the memorial of the petitioner has been rejected.
(2.) THE facts, as submitted by the petitioner, are set out, in brief, as under: - The petitioner was appointed as a Constable in Bihar Police on 1.7.1972 and was promoted to the rank of Hawildar on 1 .7.1979. The petitioner was served with a change -sheet vide memo no. 1875/RO dated 10.10.1992, issued by the Superintendent of Police, Dumka. As per the memo of charges, the petitioner, who proceeded on 30 days' earned leave with effect from 30.11.1989 and was required to resume his duties on 30.12.1989 but instead he overstayed beyond the leave period, without permission till 4.11.1992. According to the petitioner, he submitted medical certificates, covering the entire period of his absence to the Superintendent of Police, Dumka, through registered post. 'Finally, Departmental Proceeding No. 76 of 1992 was initiated against the petitioner on the aforesaid charges. According to the petitioner, the proceedings were conducted ex parte without giving him any reasonable opportunity to defend himself. However, on conclusion of the proceedings, the petitioner was dismissed from service with effect from 8.1.1993. The petitioner challenged the said dismissal order in a writ petition before Hon'ble High Court in C.W.J.C. No. 5580 of 1997, which was permitted to be withdrawn with the observation that if the petitioner files an appeal within one month. then the same should be disposed of by the appellate authority on its own merits. The writ petition was, accordingly, disposed of on 8.3.1999.
(3.) THEREAFTER , in compliance of the aforesaid Hon'ble High Court's order, the petitioner filed appeal on 21.3.1999 before the Deputy Inspector General of Police, Santhal Parganas, Dumka, raising several grounds. The Deputy Inspector General of Police, who was the appellate authority, rejected the appeal vide its order dated 21.4.1999. The petitioner filed a memorial against the order, passed by the Deputy Inspector General of Police, before the Director General and Inspector General of Police, who finally vide its order dated 14.10.1999, as communicated to the petitioner by the Superintendent of Police, Dumka, vide memo no. 968/C dated 10.6.2000, rejected the said memorial of the petitioner and, thereafter, the present writ petition has been preferred against the concurrent findings of three authorities.;