S.J. Mukhopadhaya, J. - (1.) THE case was taken up on 4th March, 2003 when the Court passed the following order : "It is not in dispute that in respect to the State employees posted within the territory of Jharkhand, the Government of Bihar or its authorities have no jurisdiction to take disciplinary action. At best, it can refer the matter to the State of Jharkhand or the competent authority in the State of Jharkhand. Prima facie, it appears that the S.P. Koderma vide his order contained in Memo No. 749 dated 24th July, 2002 did not apply his mind independently, but quoted the order as passed by the S.P., Begusarai. Prima facie, he has no such jurisdiction. By way of last chance, the counsel for the State of Bihar and Jharkhand are granted two weeks' time to answer the question, failing which the case may be disposed of on the next date on the basis of averments as made in the writ petition. Place the case 'For Admission on 26th March, 2003 within twenty cases."
(2.) IT is not in dispute that after the departmental proceeding, the enquiry officer submitted report holding the petitioner guilty of the charges. The petitioner was forwarded the copy of the enquiry report and he submitted his objection in respect to such report. Thereafter, though it was for the disciplinary authority, S.P. Koderma to issue appropriate order, petitioner being posted at Koderma, the order of dismissal passed by S.P. Begusarai was communicated vide Memo dated 10th July. 2002. After reorganization of the State, neither the State of Bihar, nor its authorities including S.P. Begusarai had jurisdiction to take disciplinary action against an employee posted within the territory of Jharkhand, such as petitioner. In this connection, one may refer a decision of the Division Bench of this Court in State of Bihar v. Arvind Vijoy Billing, reported in, 2002 (1) JLJR 697.
(3.) THE S.P. Koderma seems to have knowledge that the S.P. Begusarai had no jurisdiction to dismiss the petitioner. In spite of the same, instead of ignoring the order passed by the S.P. Begusarai he concurred with the order of S.P, Begusarai and affirmed the dismissal order, quoting the order of S.P. Begusarai in verbatim. It was communicated to petitioner vide Koderma District Order No. 601/2002 dated 9th July, 2002 having Memo No. 749 dated 24th July, 2002.;