- (1.) Heard the parties and with their consent this writ petition is being disposed of at this stage itself.
(2.) The Petitioner has challenged the notice dated 3.11.2009 as well as the memo of charge attached with the notice issued by the Government of Jharkhand contained in annexure-4, whereby he has been asked to submit his reply meeting the charges mentioned in the charge memo attached with the said notice.
(3.) The Petitioner challenges the aforesaid impugned notice and memo of charge mainly on two counts: (i) That the alleged incident i.e. the irregularities, which were subject matter, to be replied by the Petitioner is said to have taken place in between the year 1984 to 1988 whereas the charge memo were prepared in July 2003 but the same was served on the Petitioner vide notice dated 03/11/2009, i.e. after six years from the date of drawing up of the charge memo for the alleged irregularities which was committed 23 years ago i.e. in 1984, that also without giving any explanation for the inordinate delay in taking an action. (ii) The impugned notice has been issued only with a malafide intention because the name of the Petitioner has been sent for promotion to the I.A.S. cadre and if a departmental proceeding is initiated against the Petitioner then he cannot get the said promotion to the I.A.S. cadre.;