- (1.) By Court Challenging order dated 01.11.2012, whereby the petitioner has been awarded punishment of deduction of 10% of pension, the petitioner has approached this Court by filing the present writ petition.
(2.) The petitioner was issued a showcause notice on 12.04.2008 and he was directed to submit his reply within seven days. The petitioner was issued another notice on 19.01.2010 for responding to the charges levelled against him. An opinion was sought from the Deputy Commissioner, Dhanbad on the representation of the petitioner and thereafter, an enquiry was conducted pursuant to Resolution dated 07.03.2011. An enquiry report has been submitted on 17.07.2012 and thereafter, the impugned order dated 01.11.2012 has been passed.
(3.) A counteraffidavit has been filed stating as under: 16. "That in reply to the statement made in para 1 of the writ application, it is stated and submitted that prayer of the petitioner is not acceptable. There are grave charges of irregularity and dereliction of duty in implementation of development schemes relating to his tenure as Block Development Officer, Baliapur, Dhanbad. After obtaining explanation regarding these charges, the departmental proceeding was instituted against him vide resolution no. 1230 dated 07.03.2011. Sri Vinay Kumar Choubey, IAS, the Deputy Commissioner, RanchicumConducting Officer submitted his report vide letter no. 115 (ii)/ Law dated 17.07.2012. The charges leveled against him were reported as proved in the enquiry report of the conducting officer. In the light of the enquiry report the second showcause was issued to the petitioner vide department's letter no. 10546 dated 11.09.2012. But the petitioner did not submit any new fact in his reply to second showcause. The charges leveled against the petitioner, his explanation, enquiry report of the conducting officer, his reply to second showcause were examined and reviewed at the level of the government. The punishment of deduction of 10% amount from his pension was awarded to the petitioner vide resolution no. 12212 dated 01.11.2012 for the charges found proved against the petitioner. In the light of said punishment after getting requisite papers and documents, the 90% pension and full gratuity have been sanctioned by the department vide letter no. 2318 dated 12.03.2013. The encashment of 257 days earned leave and 43 days half pay leave admissible to the petitioner has been sanctioned by the department vide letter no. 2319 dated 12.03.2013. 22. That in reply to the statement made in para9 to 13 of the writ application, it is stated and submitted that the charges leveled against the petitioner were categorical, specific and serious and pertained to his tenure as the Block Development Officer, Baliapur, Dhanbad. It is evident from perusal of Form 'K' that the memo of charges was framed against the petitioner in the light of enquiry report of the Sub Divisional Officer, Dhanbad. The Sub Divisional Officer, Dhanbad conducted enquiry of NAREGA Schemes on 05.04.2008 being implemented by the petitioner in Baliapur Block and found serious irregularities in its implementation.";