JYOTI KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application has been preferred by the petitioner for quashing the resolutions of Govt. of Jharkhand, Department of Personnel Administrative Reforms and Rajbhasha as contained in memo no. 2/Arop-03-03/2009- Kaa/11258 dated 22.11.2013 (Annexure-3) whereby the petitioner has been inflicted punishment of withholding three increments with cumulative effect as well as censor and also for quashing the order as contained in memo no. Arop- 909/2014 Kaa 4279 dated 13.05.2015 (Annexure-5) whereby the appeal preferred by the petitioner has been rejected.

(3.) The facts of the case lie in a narrow compass. The petitioner after passing the first joint competitive examination held by the Jharkhand Public Service Commission was appointed and posted in the rank of Deputy Collector as Block Development Officer, Mohanpur, in the District of Deoghar on 30.11.2007. The case of the petitioner is that the then Deputy Commissioner, Deoghar due to personal dislike and apathy against the petitioner sent a confidential report to Secretary, Rural Development Department Govt. of Jharkhand with a copy to Deputy Secretary Personnel, Administrative Reforms and Rajbhasha along with charges framed against the petitioner and recommended for his suspension and initiation of departmental enquiry vide his letter dated 22.12.2008. The charges were relating to period of alleged omissions and commissions for about 12 months before, thereafter, a departmental proceeding was initiated and charges were proved. It is the case of the petitioner that the enquiry officer never took any pain to call for the witnesses despite several requests made by the petitioner and he also did not allow the petitioner to adduce evidences in his favor and also denied the opportunity of cross-examination of the witnesses. Subsequently, after the enquiry report a second show cause notice was issued to the petitioner for inflicting punishment upon him. The petitioner duly replied to the said second show-cause notice denying on each and every point of the enquiry officer, however, the disciplinary authority passed the order of punishment whereby three annual increment with cumulative effect was reduced along with the order of censor. Even the appeal preferred by the petitioner has been rejected.