JUDGMENT :

The present writ petition has been filed for quashing the order as contained in letter no. 410/D dated 09.11.2016 (Annexure-13 to the writ petition) issued by the Inspector General of Police (Training), Jharkhand, Ranchi, whereby Memorial Appeal filed by the petitioner has been rejected being time barred. Further prayer has been made for quashing the order as contained in memo no. 409/Go. dated 27.05.2016 (Anneuxure-11 to the writ petition) passed by the respondent no. 4 – the Deputy Inspector General, Coal Range, Bokaro, whereby the appeal filed by the petitioner against the order passed by the respondent no. 5 – the Superintendent of Police, Dhanbad being the disciplinary authority has been dismissed. The petitioner has also prayed for quashing the order as contained in memo no. 954/Go. dated 18.02.2015 (Annexure-9 to the writ petition) passed by the respondent no. 5, whereby punishment of three black marks was imposed upon him (equivalent to forfeiture of two annual increments) observing that the same would not affect the future increment with a further direction to forfeit the salary and allowance payable to the petitioner for the dismissal period (i.e., 09.01.2004 to 19.08.2009) on the basis of ‘no work no pay’ and the said period has been ordered to be adjusted against extraordinary leave making further observation that during the suspension period, nothing would be payable to the petitioner except the subsistence allowance already paid to him.

2. Learned counsel for the petitioner submits that the petitioner while working as constable under the respondent no. 5 was served with a chargsheet dated 13.03.2003 alleging that when he was posted at Sadar Court, Dhanbad, he helped in escaping a dreaded criminal namely, Md. Rinku from Court Hazat, Dhanbad on 11.03.2003 by deliberately conniving with him and untying his handcuffs, which showed his gross negligence, dereliction of duty, indiscipline and dubious conduct. On the basis of the said charges, Dhanbad District Departmental Proceeding No. 35/2003 was initiated against the petitioner and vide order passed by the respondent no. 5 was finally dismissed from service with effect from 09.01.2004. The petitioner preferred appeal before the respondent no. 4 and thereafter, memorial appeal before the respondent no. 3 – the Director General-cum-Inspector General of Police, Jharkhand which were dismissed. However, the order of dismissal was set aside by the respondent no. 2 vide order dated 05.03.2008 remanding the matter to the disciplinary authority i.e., the respondent no. 5 with a direction to reinitiate the said departmental proceeding against the petitioner and to pass a fresh order after affording an opportunity to him to cross-examine the departmental witnesses as well as to produce his own witnesses. It was further directed that the petitioner would be deemed to be under suspension for the period he remained dismissed from service and a final decision in that regard would be taken on the basis of the final order to be passed in the said departmental proceeding.

3. It is submitted that during pendency of the Memorial Appeal, the petitioner filed a writ petition being W.P.(S) No. 1982 of 2009 which was allowed by a co-ordinate Bench of this Court vide order dated 06.08.2009 to the extent that the petitioner would be reinstated for the limited purpose of facing a fresh enquiry in accordance with the principles of natural justice upon his reporting for duty before the relevant officer along with a certified copy of the said order. Pursuant to the said order of this Court as well as of the respondent no. 2, the respondent no. 5 issued Dhanbad District Order No. 2509 of 2009 as contained in memo no. 3664 dated 26.08.2009, reinstating the petitioner with immediate effect and directing to re-start the departmental enquiry against him.

4. Thereafter, fresh enquiry was conducted against the petitioner and vide Dhanbad District Order No. 4940 of 2010, the petitioner was compuls