- (1.) HEARD the parties.
(2.) THE petitioner, a Police constable, has challenged the order passed by the respondent no. 3 whereby, the respondent no. 3 being the disciplinary authority, passed an order for dismissal of the petitioner from service after accepting the enquiry report submitted by the enquiry officer in a departmental proceeding initiated against the petitioner holding that the charges of grave misconduct of the petitioner was found to be established and proved. The charge against the petitioner was that on 21.03.1998, at about 10:00 A.M., he and two other Constables assaulted one another Constable No. 265 Yogendra Mallik due to which, he received several injuries and because of this highhanded action of the petitioner, the image of the Police Department was tarnished.
(3.) IN course of departmental proceeding, Constable 256 Yogendra Mallik was examined as a witness and he stated that on the alleged date and time of occurrence, he was assaulted by Constable No. 694 Gardhish Soy, Constable no. 617 Mohd. Sultan Ahmad and Ganga Ram Samad (Petitioner).;