NAND KISHORE SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing the order dated 10.8.2007 contained in Annexure -8 whereby the petitioner has been dismissed from the service.

(2.) THE petitioner is an Executive Engineer in the Water Resources Development Department, Government of Jharkhand.

(3.) BEFORE bifurcation of the State, the petitioner was posted in the State of Bihar. While he was posted as the Executive Engineer, Irrigation Division, Birpur, Bihar, he was given a Bank Draft of Rs.34.23 Lacs to be handed over to the Indian Oil Corporation (LO.C.) for supply of Bitumen. The petitioner handed over the said Bank Draft to the LO.C. in April 1999, but the LO.C. did not supply the Bitumen. However, the petitioner was departmentally proceeded against alleging lapses and negligence on his part in not getting the supply of Bitumen causing loss to the Government. The enquiry was completed in all respects in 2003 by the State of Bihar. However, the final order was not passed. As aforesaid, the petitioner was allocated the Jharkhand Cadre after its creation as a separate State. Accordingly he joined in the State of Jharkhand on 17.10.04. The files relating to the petitioner was also sent to the State of Jharkhand. On receipt of the same, the Government of Jharkhand issued a show cause notice dated 16.5.05 to the petitioner. It was mentioned in the said notice that although there was no ill motive on the part of the petitioner, there were lapses on his part as the standard of precaution or awareness expected by him, was lacking and due to his negligence, the Government suffered loss. The petitioner filed his reply denying the same on 1.6.05. But even after lapse of a long time no final order was passed. The petitioner then filed writ petition being W.P.(S) No. 7467/ 06 praying for quashing the departmental proceeding and also for a direction on the respondents to consider his promotion which was being denied due to pendency of the departmental proceeding. The said writ petition was disposed of by order dated 19.12.06 of this Court directing the respondents to conclude the proceeding within two months.