- (1.) HEARD the parties.
(2.) THE prayer of the petitioner in this writ petition is to quash the order as contained in Annexure -22 dated 28.06.2003 passed by the respondent no. 2 - Commandant General, Home Guards, Jharkhand, Ranchi, dismissing the petitioner form service. The facts in short are that a criminal case under Sections 7/13(2) and 13(1)(d) of the Prevention of Corruption Act was registered against the petitioner while he was posted as Inspector of Guards in Home Guards, Koderma on the allegation that he committed criminal misconduct by obtaining bribe to the tune of Rs.2,500/ - from one Bahadur Bharti on the ground that his services would be regularized. The petitioner was taken into custody on 26.11.2002 in connection with the said case in which chargesheet was submitted on 22.01.2003. The petitioner was however released after grant on bail on 17.05.2003.
(3.) ACCORDING to the petitioner, while he was in service, a departmental proceeding was also initiated against him and he was asked to show -cause within 15 days by issue of letter dated 29.01.2003 as contained in Annexure -3. This letter was served to the petitioner through the Superintendent of Jail where the petitioner was lodged. The chargesheet was also served on the petitioner while he was in custody. According to the petitioner, the authorities wanted to proceed against him departmentally keeping the petitioner in custody. The petitioner submitted his reply on 13.02.2003 as contained in Annexure -4 stating therein that before initiating departmental proceeding proper inquiry should be made.;