D.G.R.PATNAIK, J. - (1.) HEARD Sri A.K.Sahani, learned counsel for the petitioner and J.C. to S.C. -III for the respondents.
(2.) THE petitioner in this writ application has prayed for an order quashing the order dated 10.07.1994 (Annexure -4) passed by the Senior Superintendent of Police, Ranchi (Respondent No. 5) whereby the petitioner was dismissed from service. A further prayer has also been made for an order quashing the appellate order dated 25.04.2002 (Annexure -10) whereby the petitioner's appeal against the impugned order of his dismissal, was dismissed. Facts of the petitioner's case in brief are as follows: - The petitioner was appointed on the post of Constable in the Ranchi District Police Force on 18.03.1982. Almost four years later, on 19.03.1986, he was posted as Writer Constable in the Pension Branch Office of the Respondent No. 4, till 12.12.1987. The Respondent No. 4, by his letter of recommendation dated 27.01.1989, recommended for the petitioner's promotion to the higher post of Assistant Sub - inspector of Police. A similar recommendation was made in favour of the petitioner by the then Director General -cum -Inspector General of Police, Bihar, Patna vide letter of recommendation dated 13.02.1989 (Annexure -1). By order dated 10.04.1989 (Annexure -2), he was asked to undergo training for the Pension Branch. In terms of the recommendations, he was asked by the authorities to officiate in the post of A.S.I.(Pension) in the Pension Branch and while discharging his services in such capacity, he was served with a notice of suspension on 30.04.1991 on the allegation that he had submitted wrong T.A. Bills and on such charge, a disciplinary proceeding was initiated against him. During the period of his suspension, he was paid subsistence allowance. On 10.07.1994, the impugned order of his dismissal (Annexure -4) was passed by the Respondent No. 5 namely the Senior Superintendent of Police, Ranchi. Even though the disciplinary proceeding was initiated against him and notice of such initiation was served on him along with the charges calling upon him to submit his explanation to the charges and to defend himself in the proceeding, the petitioner did not respond and consequently, the disciplinary proceeding continued against him ex - parte and finally, the impugned order of his dismissal was passed against him on 10.07.1994 by the Senior Superintendent of Police, Ranchi.
(3.) THE petitioner preferred an appeal against the order of his dismissal before the appellate authority namely the Inspector General of Police, Jharkhand, Ranchi (Respondent No. 3).;