IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.1047 of 2009
Madan Mohan Roy ... Petitioner
Versus
The State of Jharkhand & Others Respondents
------
CORAM: HON'BLE MR. JUSTICE SUSHIL HARKAULI
------
For the Petitioner: Mr. Anand Kumar Pandey, Advocate
For the Respondents: Mr. Rajesh Kumar, J.C. to A.G.
------
02/13.07.2009
I have heard the learned counsel for the petitioner and the learned
counsel for the State.
The petitioner got employment in 1990 on compassionate ground.
According to the impugned order dated 24.12.2001 since his appointment he
has been “punished” several times for being absent without leave or
overstaying leave and also for absence from duty. Three instances have
been given where the petitioner was sent for training to three different
centers and each centre returned him to his parent district because of his
conduct of absenting himself without leave and dereliction of duty. The order
further says that he was “warned” for absconding from the training centre on
15.10.2000 and yet there was no improvement in his conduct. He again
absconded with effect from 9.11.2000 without any information or leave,
because of which he was suspended from 12.11.2000. He re-appeared after
217 days on 14.6.2001 and thereafter again went on unauthorized absence
with effect from 7.7.2001 and had not re-appeared till date of passing of the
dismissal order dated 24.12.2001 i.e. more than five months.
It appears that having obtained the government job too easily on
compassionate ground, the petitioner does not realize the importance of the
job and does not take it seriously.
The learned counsel for the petitioner submits that the petitioner has
not been given any opportunity of hearing before dismissing him from
service. While it may be correct, but considering the conduct of the
petitioner, who was a member of Bihar Military Police under his
compassionate appointment, I do not find this to be a fit case for interference
in discretionary and equitable jurisdiction of this Court and thereby to
encourage such indiscipline in the Para Military Force.
Accordingly this writ petition is dismissed.
(Sushil Harkauli, J.)
NKC