RAJ KISHORE PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. By the original order dated 03.05.1997, Annexure-16, the petitioner has been imposed punishment of recovery of Rs. 1,03,159.50/- from his gratuity pursuant to the departmental proceeding initiated, vide order No. 2863 dated 05.08.1995, in respect of certain charges.

(2.) The appeal preferred against the said order has also been rejected by the Appellate Authority i.e. the Commissioner-cum-Secretary, Forest and Environment Ministry, Government of Jharkhand, Ranchi vide order dated 19.09.2003. The petitioner has challenged both these orders in the present writ petition. He has also assailed the impugned order by which the salary for the period from January, 1994 to January, 1995 has been withheld and the period in question held to-be unauthorized leave. According to the petitioner, the petitioner consequently has prayed for the payment of entire remaining post retirement, dues and the salary for the said period.

(3.) According to the petitioner, he retired with effect from 31.01.1995 from the post of Range Officer, Forest Range, Ranchi. However, vide order dated 05.08.1995, a departmental proceeding was initiated against him for the alleged charges that he has not obeyed the order of the higher authorities and he has not deposited of Rs. 31,400/- after certain period and further he has caused loss of amount of Rs. 1.62 lakhs and odd in respect of fertilizer kept in Godown under his charge. It is submitted that after the enquiry proceeded, the enquiry officer vide Annexure-18 dated 10.10.1996 exonerated him from all the charges after thorough discussion of the materials produced during the enquiry also taking into account the petitioner's show cause as also the statements of the presenting officer. It is however submitted that without any second show cause notice issued by the Disciplinary Authority showing reason for differing with the enquiry report, the impugned order of punishment dated 03.05.1997 has been passed imposing the aforesaid punishment. It is submitted that the petitioner had in the meantime earlier approached Patna High Court in CWJC No. 1117 of 1998(R) against the original order of punishment. However, the same was permitted to be withdrawn with liberty to the petitioner to prefer an appeal before the Appellate Authority.