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2016 Supreme(Jhk) 1376

PRAMATH PATNAIK
Shankar Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:(Dr.) S. N. Pathak, Sr. Advocate., K. K. Bhatt, B. Thakur and R. K. Roy
For the Respondent: Chanchal Jain, J.C. to A.A.G.

JUDGMENT :

Pramath Patnaik, J.

1. In the accompanied writ application, the petitioner has inter alia prayed for issuance of a writ in the nature of certiorari for quashing the order passed by the Disciplinary Authority (Respondent No. 5) in Departmental Proceeding No. 40 of 2005, as contained in memo no. 2024 dated 30.4.2008, whereby the petitioner has been inflicted with punishment of dismissal from service.

2. Sans details, the facts as disclosed in the writ application, is that the petitioner was appointed in the year 1994 in the District Police, Dumka and after working there till 2002, he was transferred to Chaibasa. It has been averred that while the petitioner was posted in the Manoharpur Police Station as a Reserve Guard, it was alleged that on 26.03.2005, he alongwith Constable No. 778 Sunil Kumar forcibly took Chinki @ Puja (15 years) and Takli Kumari (16 years) to Adarsh Middle School where Takli Kumari after biting the petitioner rescued herself and informed the villagers and the villagers caught Constable No. 778 Sunil Kumar in attempting to commit rape whereas the petitioner fled away. Accordingly, Manoharpur P.S. Case No. 9 of 2005 was instituted under Sections 366/376

























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