M.Y.EQBAL AND D.K.SINHA, JJ. - (1.) THIS appeal is directed against the order dated 1.11.2007 passed by learned Single Judge in W.P.(S) No. 1931 of 2007 by which writ petition filed by the petitioner was dismissed. The order dated 1.11.2007 reads as under: Heard the parties. The petitioner was proceeded departmentally. But the enquiry officer did not find him guilty of the charge on the ground that the transfer order was subsequently stayed. However, the disciplinary authority did not agree with the findings of the enquiry officer and he issued notice to show -cause to the petitioner. Ultimately, the Superintendent of Police, East Singhbhum, Jamshedpur i.e. the disciplinary authority passed an order as contained in Annexure -8 on 18.01.2005 giving specific reasons for his disagreement with the findings of the enquiry officer and then after holding the petitioner guilty awarded him punishment. The petitioner thereafter preferred an appeal before the appellate authority which has also been dismissed. From perusal of the enquiry report, the orders of the disciplinary authority as well as of the appellate authority, I find that after consideration of the materials on record, the petitioner has been found guilty and thereby was awarded punishment. I do not find any illegality or infirmity in the impugned orders. Consequently, this writ application is dismissed.
(2.) THE facts which are not in dispute are that the petitioner -appellant, who was a Constable, was transferred from Jamshedpur to Gumla vide transfer order dated 1.7.2003. Consequently, he was relieved pursuant to the said order of transfer. However, the appellant did not join the transferred post but moved from one place to another place for getting the order of transfer stayed. The appellant succeeded in his attempt and the order of transfer was cancelled by the Director General of Police which was communicated to the appellant vide order dated 29.6.2004 issued by Superintendent of Police, Jamshedpur. Appellant's case is that after cancellation of order of transfer, he was accommodated in Jamshedpur vide order dated 29.6.2004 issued by the Superintendent of Police. After the appellant was accommodated in Jamshedpur be claimed his arrears of salary by filing representation before the Superintendent of Police, Jamshedpur who vide office order dated 29.7.2004 passed order for payment of salary. In the meantime, departmental proceeding was initiated against the appellant for disobeying the transfer order for not joining the transferred post which amounts to serious indiscipline in the police service. The enquiry officer after conducting enquiry, recorded a finding that the charges have not been proved. However, the disciplinary authority disagreeing with the finding of the enquiry officer and after giving opportunity of hearing to the appellant passed the order of punishment. The appellant preferred departmental appeal against the order of punishment which was dismissed. The appellant thereafter moved this Court by filing the aforesaid writ petition.
(3.) MR . Dubey, learned Counsel for the appellant, assailed the impugned order passed by the learned Single Judge on the ground that the learned Single Judge has erred in law in holding that the order of punishment was passed alter considering all the materials on record.;