AJIT KUMAR SINHA, J. - (1.) THE present writ petition has been preferred for the following reliefs: i) For issuance of writ in the nature of certiorari for quashing the office order dated 2.8.2005 passed by the Superintendent of Police R.N. 4 and the order dated 16.9.2006 passed by R.N. 3 the Appellate Authority whereby and whereunder the respondents have passed an order of punishment by reducing his pay scale to the initial scale of pay lowering it to the scale of Rs. 3050/ - per month and recovery of to the tune of Rs. 1,09,391/ - in installments of Rs. 2188/ - per month, ii) For issuance of writ in the nature of Mandamus commanding the respondents not to give effect to the Special Branch order No. 913/05 dated 2.8.2005 passed by Superintendent of Police R.N. 4. The facts in brief are stated as under:
(2.) THE petitioner was appointed as a Constable on 19.6.1988. The petitioner was served with memo of charge dated 7.8.2004 and the petitioner filed a detailed reply stating that the charge has already been disposed of vide different orders of the predecessors of the respondents. However, a disciplinary proceeding started and the Enquiry Officer after recording the statement of the officers posted in the department gave an Ex -parte enquiry report holding the petitioner to be guilty of charges. It was held that the petitioner was illegally and unauthorizedly receiving increments on the salary for the last 8 years since 1989 without having received mandatory training and as such his pay was reduced to the lowest scale and recovery of the illegal increments which the petitioner had received was made. On the report of the Enquiry Officer dated 29.10.2004, the disciplinary authority passed the impugned order.
(3.) IT is further submitted that initially W.P.(S) No. 1556/05 was filed by the petitioner to quash the office order No. 1168/04 issued vide memo No. 2499(4) dated 10.9.2004 and also to quash the order dated 27.7.2004 issued by the Superintendent of Police (T) Special Branch, Jharkhand, Ranchi whereby the petitioner's pay -scale was reduced to the scale of Rs. 3050/ - and a sum of Rs. 1,09,391/ - allegedly paid in excess was sought to be recovered.;