IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No.273 of 2024 -----

1. State of Jharkhand through Secretary, Home Department, Government of Jharkhand, Project Building, P.O. and P.S.

Dhurwa, District,-Ranchi.

2. Director General and Inspector General of Police, Jharkhand, having his office at Forest Officer's Colony, Doranda, P.O. and P.S. Doranda, District- Ranchi.

3. Deputy General of Police, Singhbhum (Kolhan) Area, Chaibasa, P.O. & P.S. Chaibasa, District:-West Singhbhum.

4. Superintendent of Police, West Singhbhum, P.Ο. and P.S.-

Chaibasa, District:- West Singhbhum.

5. Sub-Divisional Police Officer, Kiriburu, P.O. and P.S.-

Kiriburu, District West Singhbhum.

… … Appellants Versus Tribhuwan Prasad Singh (Rtd. Sub Inspector), s/o Late Rameshwar Prasad Singh, r/o Singhara, P.O., P.S. Mahua, Dist. Vaishali (Bihar), presently r/o Baijnathpur, Near Dodhkathi, Dumka Road, P.O., P.S. Deoghar, Dist. Deoghar … … Respondent -------

CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE RAJESH KUMAR -------

For the appellants : Mr. Ashutosh Anand, A.A.G.-III For the Respondent : Ms. Khalida Haya Rashmi, Advocate : Mr. Ayush Kumar, Advocate ------

Order No. 11/Dated 29^th October, 2025 Per Sujit Narayan Prasad, J.

1. The instant intra-court appeal is under Clause 10 of the Letters Patent directed against the order/judgment dated 08.12.2023 passed in W.P.(S) No.835 of 2019 whereby and whereunder the writ petition has been allowed by quashing the impugned orders holding the petitioner entitled for consequential benefits for the period during which he has not worked due to illegal termination.

Factual Matrix

2. The brief facts of the case as per the pleading made in the writ petition, which are required to be enumerated, read as under :-

Petitioner was appointed as Assistant Sub Inspector on 11.03.1978. Thereafter upon cadre reorganization petitioner was promoted to the post of Sub Inspector on

04.09.1989.

Petitioner was granted the benefit of second A.C.P. on

03.04.2003 and was granted the pay scale of 6500-200- 10500. Thereafter salary of petitioner was revised in view of VIth Pay Commission and he was posted in pay scale of 9300- 34,500 with Grade Pay of Rs. 4600 on 01.01.2006. Further he has already retired from his service on 29.02.2016 from the post of sub inspector.

On 31.03.2004, when the petitioner was posted in Bada Jamda Police Station for election duty, at about 2:00 Р.М., extremists attacked at the O.P. and snatched 9 rifles, cartridges and one service revolver. Upon enquiry it was alleged that officials and constables including this petitioner, present at the place of occurrence, fled away in order to save their lives and did not protest the attack of extremists.

For the said act charges were framed against the petitioner that he was guilty of indiscipline, serious negligence of duty and not showing braveness befitting a police officer and he was put under suspension and was asked to submit reply to the show cause, to which he replied but was not considered and departmental proceedings continued further and enquiry officer found him guilty of the charges.

Upon the findings of the enquiry officer that the petitioner failed to show his bravery and qualities of a competent police officer, the Superintendent of police recommended dismissal from service and petitioner was asked to submit reply to show cause and accordingly it was filed on 16.05.2007. However, on the basis of the recommendation of the Superintendent of Police, the DIG Kolhan Range affirmed the enquiry report and passed and order of dismissal vide order dated 28.01.2008.

Petitioner preferred an appeal against the final order dated 28.01.2008 passed in the departmental proceeding before the Director General of Police.

During the pendency of the said appeal, petitioner moved before this Hon'ble court by filing writ petition being W.P.(S) No. 2341 of 2008, which was disposed of directing the appellate authority to pass an appropriate final order preferably within a period of t