- (1.) HEARD the parties.
(2.) THE petitioner was a Police constable posted at Golmuri P.S., Jamshedpur. He is challenging his dismissal from service by the Disciplinary Authority after a departmental proceeding in which, the charges against him was found to be proved. The facts in short are that the petitioner and one another Police Constable Vidyakant Upadhyay were, posted at Golmuri Police Station. On 02.05.2001, both the Constables came to the foreign Section of the Office of the Superintendent of Police, Jamshedpur and received three Passports applications, one of which was of one Amit Kumar. The petitioner and the other constable went to the house of said Amit Kumar and in the name of verification, realized Rs.800/ - by way of illegal gratification from the mother of Amit Kumar namely Smt. Shila Singh. On the report of Shila Singh, one First Information Report was registered against both the Police Constables i.e. against the petitioner and Vidyakant Upadhyay.
(3.) AFTER completion of investigation, chargesheet was submitted in the said criminal case. Simultaneously, a departmental proceeding was also initiated against the petitioner in which, the petitioner participated and after completion of inquiry, the inquiry report was submitted as contained in Annexure -3 in which, charges against the petitioner was found to be established. On the basis of such inquiry report, the Superintendent of Police - cum - Disciplinary Authority, on consideration of facts and materials on record, awarded the punishment of dismissal from service to the petitioner holding that such corrupt, indisciplined and disobedient Police Constables should not be restrained in the disciplined Police force. The said order of punishment was passed by the Superintendent of Police on 16.10.2002 vide Annexure -4 to the writ petition.;