- (1.) HEARD the parties.
(2.) THE petitioner was appointed as a Constable in the then Bihar Military Police on 11.06.1997 and he joined the said post on 03.07.1997. He was put under suspension in contemplation of the departmental enquiry. Subsequently, vide memo no. 308 dated 28.01.2000, the petitioner was served with charges that a unanimous complaint was received wherein it was alleged that the petitioner's School Education Certificate submitted by him was false and he illegally obtained the said Certificate though he did not even study in the School mentioned in the said Certificate. This allegation was inquired into through one Sub Inspector Ramadhar Singh who reported that the petitioner did not study in the said School and the Certificate was not issued from that School. The petitioner was asked to file a written explanation. The petitioner filed a detailed written explanation denying and refuting the charges. According to the petitioner, the charge was false and the report of the Sub Inspector Ramadhar Singh was without any basis and without making any proper inquiry he submitted the report. The petitioner also stated that he did not submit any Certificate of Class -VIII Pass rather he submitted Certificate of Class -VII Pass. The explanation of the petitioner was not found satisfactory and, thereafter, departmental inquiry was initiated against him which was conducted by the Deputy Superintendent of Police, Jharkhand Armed Police. Oral and documentary evidence were adduced in course of inquiry by the department against the petitioner as well as by the petitioner against the department. The Enquiry Officer, after full fledged inquiry, submitted his inquiry report contained in Annexure -11 wherein he held that on the basis of evidence, both oral and documentary, charge against the petitioner was found to be proved and it was established that the petitioner never studied in the School which is mentioned in the Certificate and the Certificate submitted by the petitioner itself was never issued by the said School.
(3.) NOTICE was issued to the petitioner to submit explanation against the finding arrived at by the inquiry officer which was submitted by him and, thereafter, it appears that the disciplinary authority i.e. the Commandant, Jharkhand Armed Police - 2, Tatisilwai, Ranchi by Order dated 17.04.2002 as contained in Annexure -13, awarded punishment to the petitioner from dismissal from service. The petitioner, thereafter, preferred departmental appeal before the Deputy Inspector General, Jharkhand Armed Police, Ranchi which was also dismissed by a reasoned order on 30.09.2002 as contained in Annexure -15.;