ISHWARI PRASAD YADAV Vs. THE UNION OF INDIA
LAWS(JHAR)-2011-6-50
HIGH COURT OF JHARKHAND
Decided on June 07,2011

Ishwari Prasad Yadav Appellant
VERSUS
THE UNION OF INDIA Respondents

JUDGEMENT

- (1.) THE petitioner, in this writ petition, has prayed for quashing the charge sheet (Annexure1).
(2.) THE grievance of the petitioner is that the charge sheet has been issued to him under Rule 14 of CCS (CCA) Rules, 1965 for major punishment, but two more persons who were also working and were also equally liable have been sought to be proceeded against under Rule 16 of the said Rules for minor punishment. A counter affidavit has been filed on behalf of the respondents, stating, inter alia, that after going through the evidence on record and investigation report, other two officials were not found directly involved in misappropriation of public money in R.D. Account, rather they have been found responsible for procedural lapses for which suitable disciplinary proceedings have been initiated against them. It has been further submitted that the charge sheet has been now modified and the amount of misappropriation against the petitioner has been proportionately reduced.
(3.) I have heard learned counsel for the parties. The departmental enquiry against the petitioner is at the initial stage. The charge sheet has been served on the petitioner, giving him opportunity to explain. It has been specifically mentioned that the enquiry will be held in respect of the articles of charges, not admitted by the petitioner. The petitioner has been given full opportunity to defend himself by taking all available grounds and producing evidences. The statement that the other two persons were similarly responsible and that the proceedings have been initiated against them for minor punishment, causing discrimination to the petitioner, as has been factually disputed by the respondents.;


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