JUDGMENT :

Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying therein for quashing and setting aside the order as contained in Memo No.1353 dated 22.05.2001; whereby the petitioner was awarded punishment of dismissal from service and also for quashing the order passed by the Appellate Authority (respondent No.4) vide Memo No.1311 dated 27.11.2001 whereby the appeal preferred by the petitioner has been rejected. Petitioner has also challenged the order passed by the respondent No.2 whereby the memorial filed by the petitioner was rejected.

3. The facts of the case as disclosed in the writ application is that the petitioner was appointed as Constable and joined the service on 18.01.1984 and he was also given first time bound promotion in the year 1994. On 14.11.1995, he joined the post of Constable in the district headquarter, Garhwa. He was also the office bearer of District Police Men’s Association.

On 30.12.1995, an F.I.R was lodged on the basis of a written report of the Officer-in-Charge, Garhwa Police Station against the petitioner alleging that on 30.12.1995 at Bazar Samittee Garhwa, in course of election of Office bearers of Bihar Police Men’s Association, sound of firing was heard from the northern barrack of the office due to which Election Officer started dispersing and upon interrogation it could be known that the petitioner had fired from his licensee rifle with a view to disturb the election process.

In contemplation of the aforesaid activity, a departmental proceeding being D.P. No.44/96 was also initiated against this petitioner and a charge-sheet was served upon him on 14.12.1996.

Thereafter, the petitioner filed a reply and duly participated in the departmental proceeding and the Inquiry Officer found the charges against this petitioner to be proved and finally an order of termination from the service has been passed by the Disciplinary Authority.

4. Petitioner had earlier moved before this Court in W.P.(S) No.04/2002 which was disposed of with a liberty to the petitioner to prefer memorial before the Director General-cum-Inspector General of Police, Jharkhand to decide the claim.

Petitioner had again moved before this Court in W.P.(S) 661 of 2006 which was disposed of vide order dated 23.01.2015 by directing the Director General-cum-Inspector General of Police, Jharkhand to decide the memorial and pass speaking order in accordance with law. Relevant paragraphs Nos. 18 to 21 are quoted herein below:-

“18. The learned single judge while remitting the matter before the Director General-cum-Inspector General of Police, Jharkhand directed the Director General-cum-Inspector General of Police, Jharkhand to decide the memorial. It means that the authority who has been empowered to decide anything is supposed to have applied its mind and he cannot delegate such power and rely upon the decision taken by the subordinate authority. The power of appeal, review or memorial is statutory provision which has been conferred to an authority who is supposed to take decision after proper verification of the record and going through the entire records.

19. The learned single Judge in W.P.(S) No.4 of 2002 after taking into consideration this aspect of the matter had directed the Director General of Police to consider the memorial. But from perusal of the order as contained in Annexure-5 the same has been issued on the order of Director General-cum-Inspector General of Police, Jharkhand but issued under the signature of Deputy Inspector General of Police (Headquarter).

20. In that view of the matter, the order dated 12.08.2003 passed in pursuance to W.P.(S) No.4 of 2002 is not sustainable in law or facts, hence, the same is, hereby, quashed.

21. The matter is remanded to the Director General-cum-Inspector General of Police, Jharkhand who shall decide the memorial and pass speaking order in accordance with law within eight weeks from the date of receipt of copy of this o