This petition challenged an order dismissing a police constable from services due to fathered absence. The court rejected the challenge, finding that the submitted medical certificate was forged and no case for interference was made out.
Writ petition stands dismissed without any orders in the departmental matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4401 of 2008
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Nagendra Tiwary ... Petitioner
Vs.
1.The State of Jharkhand
2.Director General-cum-Inspector General of Police, Ranchi
3.Deputy Inspector General of Police, Bokaro
4.Inspector General (Training)
... Respondents -----
5.Superintendent of Police, Dhanbad.
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
----- For the Petitioner : Mr. Jai Shankar Tripathi, Advocate For the Respondents : Mr. Akash Deep, A.C to S.C.IV ----- Order No. 14 : Dated 19th July, 2019
Heard Mr. Jai Shankar Tripathi, learned counsel for the petitioner and Mr. Akash Deep, A.C to learned S.C. IV for the respondents.
2. The petitioner has preferred this writ petition for quashing order dated 11.07.2007 passed in appeal-memorial by Director General-cum-Inspector General of Police, Ranchi and against the order of dismissal from services.
3. The petitioner was appointed as a constable in the year 1989. Learned counsel for the petitioner submits that when on 15.03.2000, the petitioner was deputed along with other police personnel under a Magistrate in connection with School examination duty, the petitioner fell on the ground causing fracture of the right knee joint of the petitioner. Thereafter, the petitioner was admitted to P.M.C.H, Dhanbad and after treatment he was discharged from the said hospital on 18.03.2000 with a direction to review the situation and under further treatment by orthopedic department. Pursuant thereto, the petitioner was treated in the Orthopedic Department of P.M.C.H., Dhanbad but when it did not show any sign of improvement, the petitioner got himself admitted in the Clinic of Dr. Brajmohan Prasad, where
the injury of the right knee healed but due to much hardship faced on physical, mental and financial fronts during the treatment, the petitioner's old mental disease 'schizophrenia' of 1996 surfaced again, which necessitated him to take treatment of expert Psychiatrist Dr. B.B. Singh during the period 11.06.20o0 to 24.09.2001 and when he was declared fit to resume his duties, he reported for duty.
4. In the meantime, for remaining absent, a departmental proceeding was initiated against the petitioner, in which, the petitioner was found guilty and pursuant to that disciplinary authority passed the order of dismissal from services, against which the petitioner preferred appeal in which he did not succeed. Thereafter, the petitioner filed memorial appeal, but when no order was passed on the memorial appeal, the petitioner approached this Court by filing W.P. (S) No. 1849 of 2007, which was disposed of vide order dated 10.09.2007 with a direction to the Director General-cum-Inspector General of Police, Ranchi to dispose of the memorial within a period of six weeks from the date of receipt/production of copy of this order. Pursuant thereto, memorial appeal of the petitioner was rejected vide order dated 11.07.2007, which is impugned in this writ petition.
5. Mr. Tripathi, learned counsel for the petitioner submits that the departmental proceeding is vitiated in the eye of law as Rule 526 and 543 of the Police Manual has not been followed, as such the impugned order is not sustainable in the eye of law. Learned counsel for the petitioner further submits that the petitioner fell ill and as such he could not report for his duty in his Unit and for that he has submitted the medical certificate but that has not been taken into consideration by the authorities
while passing the impugned order, as such the impugned order is not sustainable in the eye of law.
6. On the other hand, learned counsel for the respondentsState submits that petitioner was found absent from the morning of 18.04.2000. Several letters were sent to him at his home address to join duty but he did not join. During enquiry, it was found that the petitioner absconded without any information and without sanction of leave on the pretext of false illness. The conducting officer, after hearing the witnesses and after perusing the relevant documents found the petitioner guilty of the charges and submitted enquiry report basing on which order of dismissal has been passed, which has been confirmed by the appellate as well as in the memorial appeal. It has further been submitted that in the enquiry, it was found that the medical certificate produced by the petitioner was forged one.
7. Having heard learned counsel for the parties, this Court finds that the petitioner is a member of disciplined force and he has not informed the authorities for his illness and the medical certificate submitted by him for remaining absent for 562 days was found to be forged. As such, no case of interference is made out.
8. Accordingly, the writ petition stands dismissed.
(Sanjay Kumar Dwivedi, J.)
Alankar/-
2 issues framed by the court
Whether the writ court should interfere with the order of dismissal from police service where the medical certificate was found to be forged.
Whether the departmental proceeding was vitiated due to non-following of the Police Manual rules.
Nagendra Tiwary
State of Jharkhand
Director General-cum-Inspector General of Police, Ranchi
Deputy Inspector General of Police, Bokaro
Inspector General (Training)
Superintendent of Police, Dhanbad
SANJAY KUMAR DWIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
