Rajeev Kumar Singh Vs The State Of Jharkhand And Ors.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 230 of 2018

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Rajeev Kumar Singh, Son of Sri Raj Kumar Singh, resident of Sector 2 B, Qr. No. 3-016, Bokaro Steel City, P.O. B.S. City, P.S. B.S. City, District- Bokaro. … … Petitioner

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-Versus -

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The State of Jharkhand

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Inspector General-cum-Director General of Police, having its office of Police Head Quarter, Dhurwa, Post Office-Dhurwa, Police Station-Jagannathpur, District- Ranchi (Jharkhand)

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Deputy Inspector General of Police, South Chhotanagpur Range, Ranchi, having its office, Doranda, Post Office & Police StationDoranda, District- Ranchi (Jharkhand)

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Superintendent of Police, Dhanbad, Post Office, Police Station & District- Dhanbad (Jharkhand). ... … Respondents

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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-----For the Petitioner : Mr. Nagmani Tiwari, Advocate : Mr. Govind Ray Karan, Advocate For the Resp. State : Mr. Sanket Khanna, A.C to A.A.G-V ------

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10/22.08.2024

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Heard the parties.

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The petitioner has filed this writ application for quashing of Memo No. 284/D dated 13.11.2017 (Annexure-8) passed by the respondent no. 2 Inspector General-cum-Director General of Police, Ranchi, whereby and wherein, the respondent no. 2 Inspector Generalcum-Director General of Police, Ranchi has dismissed the revision preferred by the petitioner against the order of his dismissal from service. The petitioner has further prayed for quashing of Memo No. 571/GO dated 13.07.2016 (Annexure-6) issued by the respondent no. 3 Deputy Inspector General of Police, South Chhotanagpur Range, Ranchi, District- Ranchi, whereby and wherein, the respondent no. 3 Deputy Inspector General of Police, South Chhotanagpur Range, Ranchi, District- Ranchi has dismissed the appeal preferred by the petitioner against the order of dismissal from service. The petitioner has also prayed for quashing of Memo No. 5736/GO dated 27.08.2015 (Annexure-4) issued by the respondent no. 4 Superintendent of Police, Dhanbad, District- Dhanbad, whereby and wherein, the respondent no.

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4 Superintendent of Police, Dhanbad, District- Dhanbad has imposed the punishment of dismissal of the petitioner from service. The petitioner has also prayed for other consequential reliefs.

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The case of the petitioner is that while he was posted in Police Line, Dhanbad, charge-sheet was issued to him vide Memo No. 633 dated 13.02.2015. It is further case of the petitioner that on the basis of the written report submitted by Sri Naresh Mahli, Constable, stating that on 02.12.2014 at about 7:30 P.M., the petitioner had assaulted him due to which he sustained injury F.I.R. being Dhanbad P.S. Case No. 1164 of 2014, dated 02.12.2014 under Sections 323, 341 and 342 of the Indian Penal Code was registered. A departmental proceeding was initiated against the petitioner, in which he was found guilty and ultimately he was dismissed from his service. Further, the case of the petitioner is that departmental proceeding was held ex-parte against the petitioner. Further, it is the case of the petitioner that quantum of punishment imposed upon him is disproportionate to the misdemeanor committed by him.

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Learned counsel appearing on behalf of the respondents submitted that notice was validly served upon the petitioner informing him regarding the initiation of departmental proceeding. The petitioner did not choose to appear in the departmental proceeding and as such, ex-parte order was passed against the petitioner.

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The petitioner had assaulted a Constable on duty for which a police case was instituted but the petitioner had not participated in the departmental proceeding and as such, ex-parte order was issued.

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However, it was submitted that petitioner has been acquitted in the criminal case.

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The quantum of punishment imposed upon him appears to be harsh compared to the misdemeanor committed by him.

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Accordingly, the petitioner is directed to file a representation before the respondent no. 2 Inspector General-cum-Director General of Police, Ranchi, Jharkhand who shall consider his case sympathetically for impossing lesser punishment keeping in view the misdemeanor

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committed by him and also the fact that he has been acquitted in the Criminal Case.

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With this direction, this writ application is disposed of.

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Pending I.A., if any, stands disposed of.

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(Ambuj Nath, J.)

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Rahul/-