- (1.) Heard learned counsel for the parties through V.C.
(2.) The instant application has been preferred by the petitioner for quashing the order, as contained in Memo No.600 dated 30.3.2013 (Annexure-3), whereby an order of punishment for recovery of an amount of Rs.3,51,307/- has been passed against the petitioner without initiating any departmental proceeding against the petitioner even under Rule 55A of Civil Services (Classification, Control and Appeal) Rules, 1930.
(3.) The facts of the case lie in a very narrow compass. The petitioner was working as Class-II Gazetted Officer with respondent- State and while he was posted as Project Manager, District Industries Centre, Ranchi, he superannuated from service on 31.03.2013. Further case of the petitioner is that while he was posted as Principal, Jharkhand Silk Technical Development Institute, Chaibasa and was also in-charge of Pilot Project Centre, Chaibasa as well as Pilot Project Centre, Bharbharia, it was alleged that certain irregular payments were made by the petitioner resulting into pecuniary loss to the State Government. The said allegation was made by virtue of a complaint made by one Anil Kumar Sinha describing himself as social worker, to the Advisor of His Excellency, the Governor of Jharkhand, Ranchi. Pursuant to said complaint, the State Government vide its letter no.1111 dated 30.07.2010 directed the Director, Handlooms, Sericulture and Handicrafts, Ranchi to frame charge sheet in Prapatra- 'Ka' against the petitioner and to make available the same to the department. Pursuant to said direction, draft charge sheet in Praptra- 'Ka' was framed by the Director, Handlooms, Sericulture and Handicrafts, Ranchi, finding the allegations to be true prima-facie. Pursuant thereto, a show cause notice was issued to the petitioner vide letter no. 241 dated 25.02.2012 (Annexure-1) asking the petitioner to file its reply to the show cause notice. A perusal of said letter would reveal that 'draft memo of charge' was forwarded to the petitioner directing him to submit his reply to the same and it was further categorically stated in the said show cause notice that, in the event no reply is received from the petitioner within the stipulated time, the petitioner shall be put under suspension and departmental proceeding would be initiated against him.;