Constable No.236 on 07.06.1977 in the District Police, Muzaffarpur, Bihar and after working there till October, 1986, he was transferred to Sitamarhi. Thereafter, he was transferred to Munger in July, 1990 and thereafter the petitioner was transferred to Godda in May, 2006 and worked there till the order of dismissal was passed against him. While the petitioner was posted in the office of Police Inspector, Poraiyahat, the respondent no.5 issued District Order No.420 of 2005 as contained in Memo No.609 dated 17.05.2005 whereby the petitioner was put under suspension on the charge of committing unnatural offence with one Rajiv Kumar. Again on similar charges, the petitioner was put under suspension on 14.12.2006 on the charge of committing unnatural offence with one Fantus Mehtar without making any preliminary enquiry into the allegation made against the petitioner. He submits that two different charge sheets as contained in Memo No.DR-768 dated 22.06.2005 and Memo No.3795 dated 20.12.2006 were served upon the petitioner and he was directed to submit his explanation. The petitioner had submitted his explanation stating the circumstances and denied the charges. For the said two charges, two departmental proceedings No.06/05 and 39/06 were initiated against the petitioner and the enquiry officer conducted the enquiry. He submits that the petitioner was superannuated on 31.01.2016 and the punishment order has been passed on 19.02.2016. He further submits that once the employer-employee relation has come to an end, the authority concerned was not required to pass such order. The enquiry officer submitted the enquiry report based on which the petitioner was dismissed from service w.e.f 10.12.2007 and against which the petitioner has preferred the departmental appeal which was dismissed by order dated 23.03.2011.
