SANJAY KUMAR DWIVEDI,J. - (1.) Heard Mr. Dhananjay Kumar Dubey, learned counsel for the petitioners, Mr. R.K. Shahi, learned A.C. to A.A.G. appearing for the respondents in W.P. (S) Nos. 972 and 6741 of 2007 and Mr. Vishal Kr. Rai, learned A.C. to S.C.-I appearing for the respondents W.P. (S) Nos. 1270 and 1302 of 2007.
(2.) The petitioner in W.P.(S) No. 972 of 2007 has preferred this writ petition for quashing the order dated 18.01.2005 and appellate order dated 21.04.2006 whereby the salary of the petitioner has been withheld for the period from 01.11.2003 to 18.02.2004. Mr. Dubey, learned counsel appearing for the petitioner submits that the petitioner was constable at Jamshedpur and he was transferred in the month of June 2003 and by transfer order the petitioner was transferred from Jamshedpur to Pakur. Pursuant to application of the petitioner for staying the transfer on the ground of illness, the transfer of the petitioner was stayed by the Zonal I.G. of that Range. Thereafter, the petitioner was relieved w.e.f 01.11.2003 for joining at the transfer place. By impugned order dated 28.12.2003, the petitioner was show-caused along with other persons who have transferred but not joined the transferred place. The petitioner was called upon to file show-cause reply by 2.01.2005 against initiation of the departmental proceeding. Thereafter, the petitioner again filed an application on 10.01.2004 before the I.G., Dumka Range, Dumka requesting therein that due to second heart attack he is not able to join the transfer place and the treatment is going on at TMCH, Jamshedpur. By seeing the ailments of the petitioner, the transfer of the petitioner was stayed for six months. Again, he was directed to join the Pakur district. In spite of that the petitioner has not joined the transfer place and he was served with the charge sheet dated 11.02.2004 for not joining on the transfer place w.e.f. 01.11.2003. The petitioner filed his reply on 18.02.2004. The petitioner further filed an application before the Superintendent of Police with request to pay salary for the period of 01.11.2003 to January, 2004 as he has already taken kaman for joining on the transferred place. The petitioner was provided kaman on 18.02.2004. On the above facts, the departmental proceeding was initiated against the petitioner. The petitioner appeared in the departmental proceeding and inquiry officer after appreciating entire facts and the witnesses, came to the conclusion that the charges against the petitioner have not been proved. The disciplinary authority differed with the findings of the Enquiry Officer and passed the order dated 18.01.2005 whereby the aforesaid punishment order has been inflicted upon the petitioner. The petitioner filed appeal before the appellate authority which has also affirmed the order of the disciplinary authority by order dated 21.04.2006. Aggrieved with these two orders, the petitioner has preferred this writ petition.
(3.) The petitioner in W.P.(S) No. 1270 of 2007 has preferred this writ petition for quashing the order dated 20.01.2005 whereby the salary of the petitioner has been withheld for the period from 01.11.2003 to 04.08.2004. Mr. Dubey, learned counsel appearing for the petitioner submits that the petitioner was constable at Jamshedpur and he was transferred in the month of June 2003 and transfer order was issued in which the name of the petitioner was also found that the petitioner was transferred from Jamshedpur to Gumla. Pursuant to application by which the petitioner on the ground of illness requested for staying the transfer, the transfer of the petitioner was stayed by the Zonal I.G. of that Range. Thereafter, the petitioner was relieved w.e.f 08.11.2003 for joining at the transfer place. By order dated 22.06.2004, the petitioner was show-caused for not joining the transfer place and the petitioner was called upon to file show-cause reply by 07.07.2004. Again, vide letter dated 17.08.2004, the petitioner has been asked to file show cause, the petitioner filed his reply on 25.08.2004. It is pertinent to mention here that by order dated 24.08.2004, the petitioner has been adjusted in the district of Jamshedpur in view of the stay order dated 04.08.2004. In spite of that the petitioner was served with the charge sheet dated 11.02.2004 for not joining on the transfer place w.e.f. 01.11.2003. The petitioner filed reply on 07.07.2004. The petitioner further filed an application before the Superintendent of Police with request to pay salary for the period of 01.11.2003 to 04.08.2004. On the above facts, the departmental proceeding was initiated against the petitioner. The petitioner appeared in the departmental proceeding. The Enquiry Officer after appreciating entire facts and the witnesses came to the conclusion that the charges against the petitioner have not been proved. The Disciplinary Authority differed with the findings of the Enquiry Officer and passed the order dated 20.01.2005 whereby the aforesaid punishment order has been inflicted upon the petitioner. The petitioner filed appeal before the appellate authority which has also affirmed the order passed by the disciplinary authority by order dated 25.08.2003. Aggrieved with these two orders, the petitioner has preferred this writ petition. ;