The judgment established the importance of considering the impact of suppression of information on the suitability for a job, the need for adherence to natural justice principles in dismissal cases, and the significance of the nature of the offence and overall conduct of the employee in disciplinary proceedings.

JUDGMENT :

Heard Mr. Diwakar Upadhyay, learned counsel appearing on behalf of the petitioner and Mr Manish Kumar, learned Sr. SC-III assisted by Mr. Rajesh Kumar Jha appearing on behalf of the State.

PRAYER

2. The writ petitioner has knocked door of this Court for quashing the order issued vide Memo No. 60/D, dated 31.03.2022 (Annexure-12). Petitioner has further prayed for a direction upon the respondents to immediately reinstate him in service with full back wages, arrears of salary, seniority and all other consequential benefits along with statutory as well as penal interest, which would have been accrued to him.

FACTS OF THE CASE

3. According to petitioner, an advertisement for selection of Police Constable was floated vide Advt. No. 01/2004, dated 13.01.2004, fulfilling requisite criteria, petitioner also applied for the said post and submitted the form on 15.02.2004. At the time of filling up of the form, no criminal case was pending against him. After filling up of the application form, all of a sudden, petitioner was arrested on 21.08.2005 in connection with Burmu P.S. Case No. 21/2004, dated 24.05.2004, registered against 12 named accused and 5 – 6 unknown persons, for the offences under Sections 147/ 148/ 149/ 307/ 353 of the Indian Penal Code, under Section 25(1-b)a/ 26/ 27/ 35 of the Arms Act and under Section 17 of the CLA Act, pending before the Court of Additional Judicial Commissioner – XVII, Ranchi. Unaware about lodging of the said case, petitioner was arrested and subsequently granted bail vide order dated 05.12.2005 passed in B.P. No. 1405 of 2005. After his release and after successfully qualifying in all the tests, he was appointed to the post of Constable on 14.12.2005 and was posted in Palamau district Police having Constable No. 1436. After his selection, petitioner was discharging his duties to the satisfaction of the department.

4. On 08.01.2007, on the basis of Character Verification Report, sent by the SSP, Ranchi to the S.P. Palamau, the petitioner was immediately suspended and was asked to submit his show-cause reply against the charge that he suppressed material fact regarding his implication in Burmu P.S. Case No. 21/2004. Petitioner submitted his reply on 12.01.2007 and thereafter, his suspension was revoked and departmental proceeding initiated. Petitioner was served with the charge sheet dated 12.07.2008 alleging therein that he had furnished false information in the application form. However, the Enquiry officer – cum – Sergeant Major, Palamau, after completion of enquiry, submitted his report on 04.10.2008, exonerating the petitioner from the alleged charges. Petitioner was also honorably acquitted in the criminal case pending against him vide Session Trial No. 109/2007, vide order dated 11.05.2009, passed by the Additional Judicial Commissioner, XVII, Ranchi. After submission of enquiry report dated 04.10.2008 and the fact that the petitioner was duly exonerated in the criminal proceeding on 11.05.2009, the disciplinary authority kept mum for almost five years and suddenly in the year 2013, disagreeing with the previous enquiry report, appointed a new enquiry officer – cum – SDPO, Hussainabad to enquire into the matter afresh.

5. Petitioner also contested the election of ‘Jharkhand Police Mens’ Association, (Palamau Branch) and was elected to prestigious post of Vice President on 27.09.2014 and remained as such until he was transferred to Jamshedpur district police on 21.11.2017. However, after lapse of around six years since submission of second enquiry report way back in the year 2013, the disciplinary authority i.e. S.P. Palamau, slapped the petitioner with second show-cause notice vide Memo No. 3225/Ra.Ka. dated 21.07.2019, whereby and whereunder, he was show-caused as to why not he be inflicted with major punishment enshrined within Rule 824 of the ‘Jharkhand Police Manual’ and was asked to submit second show cause reply within seven days of receipt of said letter, which was duly rep