JUDGMENT :

Heard the parties.

Prayers made

2. Petitioner has approached this Court with a prayer for quashing the order dated 23.11.2009, communicated to the petitioner on 17.07.2015, passed by respondent No. 3, whereby and whereunder the petitioner’s representation/ appeal has been rejected by passing non-speaking order.

Petitioner has further prayed for quashing the order dated 17.11.2008, contained in Special Branch Departmental Appeal Enquiry No. 26 of 2003, passed by I.G. Police (Training), Jharkhand, Ranchi, whereby the petitioner has been dismissed from service vide order dated 17.11.2000.

Petitioner has further prayed for a direction upon the respondents to reinstate the petitioner in service with all consequential benefits.

Factual Matrix

3. Petitioner, who is a Police Trainee, was put under suspension on 08.11.2003, on the allegation that while he was cleaning his riffle, a bullet was fired which causes injury to his colleague, Shyam Bahadur Thapa, on account of which he died. Thereafter, the petitioner was served with charge-sheet on 09.11.2003, with regard to his indiscipline action and misconduct and explanation was sought to the charges levelled against him within 15 days. In reply to the same, the petitioner submitted his explanation denying all the charges levelled against him. However, being not satisfied with reply submitted by the petitioner, a departmental proceeding was initiated and the Enquiry Officer after conducting the enquiry submitted his report on 06.09.2004, holding the petitioner guilty of the charges. On the basis of enquiry report, the Superintendent of Police, JAP TC, Padma, Hazaribagh, vide his order dated 15.05.2006, awarded punishment of stoppage of one year’s increment which is equivalent to two black marks and further held that the petitioner is not entitled to get any other benefits except the subsistence allowance for the period of suspension. The order dated 15.05.2006 was received by the I.G., Special Branch, Ranchi and he was of the opinion that the punishment given to the petitioner is disproportionate to the charges levelled against him and hence, vide order dated 28.12.2006 directed the petitioner to give his explanation within 15 days as to why the petitioner should not be dismissed from service. Thereafter, vide order dated 17.11.2008 passed by the I.G. Training, Jharkhand, Ranchi the petitioner was dismissed from service. Against the order of dismissal the petitioner preferred appeal on 04.12.2008.

4. It is the further case of the petitioner for the same occurrence, a criminal case was also lodged i.e. Barhi P.S. Case No. 216 of 2003, dated 09.11.2003 for the offence punishable under Sections 304(A) of the Indian Penal Code. However, vide order dated 25.05.2007, the J.M. 1st Class, Hazaribagh has not found the petitioner guilty of offence and acquitted him from all the charges levelled against him.

5. When the appeal preferred by the petitioner was not disposed of, he preferred a writ petition i.e. W.P.(S). No. 2990 of 2009, praying therein for quashing the order dated 17.11.2008, whereby the petitioner has been dismissed from service. This Hon’ble Court vide its order dated 01.12.2014, disposed of the said writ petition directing the respondent-Director General of Police-cum-Inspector General of Police, Jharkhand, Ranchi to dispose of the petitioner’s representation dated 04.12.2008, if not already disposed of. Thereafter, the respondent-authorities vide their letter dated 17.07.2015, informed the petitioner about the rejection of his appeal on 23.11.2009.

Hence, the petitioner has been constrained to knock the door of this Court.

Submissions of learned counsel for the petitioner

6. Mr. Rajesh Kumar, learned counsel appearing for the petitioner assiduously argues that the respondent-authorities without considering the grounds raised by the petitioner in appeal, rejected the same on 23.11.2009 and in a very arbitrary and malafide manner after lapse of about six years, intimated the petitio