RANCHI, India, Jan. 27 -- Jharkhand High Court issued the following order on Jan. 5:

1. The present appeal has been filed under Clause-10 of the Letters Patent against the order dated 16.02.2024 passed by the learned Single Judge of this Court in W.P.(S) No. 4956 of 2015, whereby and whereunder, the learned Single Judge has been pleased to dismiss the writ petition filed by the petitioner-appellant herein.

Factual Matrix

2. The brief facts of the case as per the pleadings made in the writ petition as has been incorporated in the impugned judgment needs to be referred herein which are as under:

(I) The petitioner was appointed as Constable No. 2498 in the year 2011 and during his service he was posted at Pokharia, P.S.: Tundi, Dhanbad on 29.07.2013.The appellant on 29.7.2013 at 05:00 a.m. had made 11 round firing in the air from his A.K.47 rifle in his room and outside the room. On hearing the sound of firing other police personnel had reached there and had caught the appellant and taken him to Dhanbad Police centre.

(II) On observation, it was found that the appellant was mentally ill and in this regard a report dated 29.7.2013 was submitted by Unit In-Charge to the Superintendent of Police, Dhanbad.

(III) Then the appellant was suspended from his service vide office order No. 3391/13 dated 19.12.2013 and accordingly charge was framed against the appellant by office notification no.5010 dated 20.12.2013.

(IV) Thereafter vide Memo No. 5148 dated 28.12.2013 formal charge memo has been issued to the appellant alleging that the appellant had unnecessarily fired 11 rounds A.K.47 Rifle which shows his negligence, indiscipline, violation of order etc.

(V) The appellant was admitted in RINPAS, Ranchi and after treatment he was released from the hospital on 16.8.2013 with an advice to take rest of one month. The appellant has submitted his show-cause reply on 3.1.2014 and by District Order No.735/14 dated 11.3.2014 he was exonerated from suspension and was deployed in Arms Duty for one month.

(VI) During enquiry, the witnesses were examined and either of the witnesses cannot be said to be eye witness of the firing caused by the appellant. After enquiry, the appellant had submitted his explanation showing his innocence and health hazard.

(VII) The Superintendent of Police, Dhanbad has passed order of punishment removing the petitioner from the police force with immediate effect which was communicated to him vide memo no. 633 dated 5.2.2015.

(VIII) Against the aforesaid order the appellant had filed Departmental Appeal which was decided vide order dated 25.1.2016 converting the punishment of removal into compulsory retirement.

3. Being aggrieved,by the order dated 5.2.2015 passed by the disciplinary authority and order dated 25.1.2016 passed by the appellate authority, the petitioner has preferred a writ petition being W.P.(S) No. 4956 of 2015 but the same was dismissed by the learned writ court vide judgment dated 07.3.2022.

4. It needs to refer herein that against the aforesaid order dated 07.3.2022, the petitioner has filed LPA No. 152 of 2022 confining his argument to the limited aspect regarding non-compliance of the principles of natural justice and has submitted that the writ court did not consider the said aspect as it was not pleaded in the writ application.

5. Consequently, the amendment petition was filed to incorporate the question of non-compliance of principle of natural justice. The said amendment petition was allowed vide order dated 17.5.2023 and the order passed by the writ court in WP(S) No. 4956 of 2015 dated 7.3.2022 was set-aside and the matter was remanded back for reconsideration after amendment before the learned writ Court.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqKC9rim6z7Yx3FZkaMNZRdndrDcKDiPwYU%2FPluZOe51I&caseno=LPA/303/2024&cCode=1&cino=JHHC010162552024&state_code=7&appFlag=)

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