RANCHI, India, Nov. 18 -- Jharkhand High Court issued the following order on Oct. 17:

1. This appeal under Clause 10 of Letters Patent is directed against the order/judgment dated 10.11.2023 passed by the learned Single Judge of this Court in W.P.(S) No. 2514 of 2022 whereby and whereunder while allowing the writ petition, the order issued vide Memo No. 60/D dated 31.03.2022 has been quashed and set aside and further direction has been passed upon the respondents (appellants herein) to immediately reinstate the writ petitioner (respondent herein) in service with benefits of continuity in service, seniority and all other consequential benefits.

Factual Matrix

2. The brief facts of the case as per pleadings made in the writ petition, as incorporated in the memo of appeal and discussed in the order impugned reads as under:

(i) According to petitioner, an advertisement for selection of Police Constable was floated vide Advt. No. 01/2004, dated 13.01.2004. The petitionerhad 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.

(ii) 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.

(iii) Later on, bail was granted to the petitioner vide order dated 05.12.2005 passed in B.P. No. 1405 of 2005.

(iv) 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.

(v) 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 showcause reply against the charge that he suppressed material fact regarding his implication in Burmu P.S. Case No. 21/2004.

(vi) Petitioner submitted his reply on 12.01.2007 and thereafter, his suspension was revoked vide order dated 16.10.2007 and departmental proceeding was initiated against the petitioner (respondent herein).

(vii) Petitioner was served with the charge sheet dated 12.07.2008 alleging therein that he had furnished false information in the application form.

(viii) However, the Enquiry officer - cum - Sergeant Major, Palamau, after completion of enquiry, submitted

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqIaU3A%2BBA2ftddQACK3tX5Youe9pgdNQ3z3axb3WWdWM&caseno=LPA/263/2024&cCode=1&cino=JHHC010148602024&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.