STATE OF JHARKHAND Vs. KAMLAKANT MISHRA

JUDGEMENT

(1.) After having heard the parties and considering the facts, the delay, as prayed for, is condoned.

(2.) By the order passed in the domestic inquiry against the original petitioner one Kamla Kant Mishra, Assistant Sub-Inspector of Police, at the relevant time posted at Chatra, now in the State of Jharkhand, who was found delinquent, the disciplinary authority imposed the penalty of reduction in the lower rank for a period of one year without cumulative effect for the proved charge of absenteeism.

(3.) After the award of punishment by the department as sequel to the departmental inquiry, the original petitioner preferred an appeal against that before the Director General of Police. Subsequently, he filed a writ petition being CWJC No. 1055 of 1996. The said writ petition was disposed of with a direction to the competent authority to dispose of the pending appeal within a period of four weeks. Thereafter the appeal came to be heard on merits in which appellate authority, in terms of Rule 853-A(C) of the Bihar Police Manual, 1978, which provides for exercise of power for the enhancement of punishment in a given fit case, enhanced the punishment by awarding punishment of compulsory retirement to the original writ petitioner delinquent respondent No. 1.