High CourtsSingle Bench(2018) 04 JH CK 0003

PALTON SOREN vs 1. STATE OF JHARKHAND THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF JHARKHAND, RANCHI

Jharkhand High Court · Decided on 5 April 2018

HON’BLE JUDGES
DR. S. N. PATHAK, J
RESULT
Dismissed
CASE NUMBER
W.P.(S) No. 1151 of 2016

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Judgment

14 paragraphs · 207 words

The petitioner is aggrieved of order dated 20.08.2015 by which the punishment of dismissal from service has been affirmed by the appellate

authority.Â

The impugned order dated 20.08.2015 has been passed by D.I.G.(T)-cum-Principal, Police Training College, Hazaribagh in his capacity as the

appellate authority. Under Rule 851 of Jharkhand Police Manual the appellate authority exercises statutory quasi-judicial powers. The impugned order

dated 20.08.2015 contains inappropriate expressions: “misled the Hon'ble Courtâ€, “snatched orderâ€, “enjoy and celebrate such absenceâ€,

etc. By using such expressions the appellate authority has demonstrated lack of propriety and discipline.

Issue notice to D.I.G.(T)-cum-Principal, Police Training College, Hazaribagh “who has passed†the impugned order dated 20.08.2015, on the

above issue.Â

From the charge-memo and the punishment order dated 24.04.2004 it is not clear what was the period of unauthorized absence for which the

petitioner has been inflicted the penalty of dismissal from service.

Post the matter on 19.04.2018, when the officer who has passed order dated 20.08.2015 shall remain physically present in the Court with the record of

Departmental Proceeding no.25 of 2003, conducted against the petitioner.

Let a copy of the order be given to the learned State counsel who shall communicate the order of the Court to the officer concerned,

forthwith.  Â