1. Order impugned in the present petition is dated 18.10.2006 (Annexure3 to the Writ Petition), whereby petitioner was removed from the service while undergoing training as constable probationer.

2. Petitioner was appointed as constable in Jharkhand Armed Police2, Tatisilwai, Ranchi on 06.04.2006 and was sent for training in S.T.C., B.S.F. Churachandpur, Manipur. Undisputedly, on the character verification during the training, Superintendent of Police, Deoghar vide his letter dated 20.09.2006 has informed that petitioner is facing trial in Palajori P.S. Case no. 145/2005 under section 354/504/34 I.P.C.

3. Having received the report from Superintendent of Police, Deoghar, order impugned (Annexure3 to the Writ Petition) was issued against the petitioner.

4. Learned counsel for the petitioner Mr. Anjani Kumar Verma has argued that order impugned is illegal in view of the fact that disciplinary proceeding was not held against the petitioner which is sine qua non in view of Article 311 of the Constitution of India read with Rule 828 (b) of the Jharkhand Police Manual.

5. This court in the case of Rajesh Vs. The State of Jharkhand & Ors. in W.P. (S) No. 3936 of 2006 decided on 25.0