S.J.MUKHOPADHAYA,J. - (1.) THE petitioner has challenged the order contained in Memo No.45 -II/Settlement, Dumka dated 8th January, 2002 issued by Settlement Officer, Dumka, whereby and whereunder, it has been ordered to recover the salary received by the petitioner during the period 2nd March, 2001 and 4th March, 2001 to 14th March, 2001 from his salary of the month of January, 2002 on the ground that the petitioner was unauthorized absent from duty during the said period. It has also been ordered to record it in his Character Roll.
(2.) ACCORDING to the petitioner he was not absent from duty during the period aforesaid. It is also submitted that the Settlement Officer is not competent to issue order of recovery or to make adverse entry in his Character Roll, the petitioner being an officer of the rank of Assistant Settlement Officer. Counsel for the State relied on Appendix A -4 to the Bihar Service Code to suggest that the Settlement Officer is competent to pass such order but such submission cannot be accepted as Appendix A -4 empowers the Settlement Officer to grant leave or refuse to grant leave. He has not been delegated with the power of the disciplinary authority, nor empowered to write Character Roll.
(3.) SO far Circular No 76/96 dated 18th February, 1997 as relied by counsel for the State is concerned there under the competent authority has been empowered to pass appropriate order of punishment in case of unauthorized absence from duty. But there is nothing on the record to suggest that the Settlement Officer has been authorized to punish an officer of the rank of Assistant Settlement Officer. On the other hand, from the order of Commissioner, Santhal Pargana Division, Dumka communicated vide Memo No. 532 dated 28th September, 2002 it appears that the Settlement Officer has no jurisdiction to inflict punishment or to write the Character Roll of an Assistant Settlement Officer. For the said reason part of the order issued against petitioner vide Memo No. 44/confi. Dated 24th of July, 2001 was set aside.;