Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties. The petitioner was imposed with a punishment under Memo no. 27389 dated 11th September, 2012 as follows: i) He will not be posted on any responsible post in future; ii) Withholding of five increments with cumulative effect; iii) Recovery of 10% of the amount of loss i.e. Rs. 13,98,375/ - in installment from the salary of the petitioner which would be half of her salary, with a condition that if the said amount is not recovered till her retirement, the balance amount would be realized from the gratuity and earned leave encashment amount.
(2.) THE petitioner at the relevant point of time when she was charge -sheeted for certain alleged misconduct, was serving as the In -charge Officer of Monitoring Team at Lohardagga under the respondents, Agriculture and Sugarcane Department, Government of Jharkhand Under the charge -sheet issued on 2nd June, 2011 (Annexure -3), the petitioner was proceeded for certain alleged misconduct relating to loss of potato seeds to the extent of 520 quintals on account of rotting which was a result of lack of diligence and negligence on the part of the petitioner, who was the member of the extension training centre, Hehal and had the responsibility of distribution of the seeds under the Seeds Distribution Programme. The other charges related to the same incidence which resulted in loss of Rs. 13,98,375/ - to the Government exchequer. According to the petitioner, she submitted her show cause on 4th July, 2011. From perusal of the counter affidavit submitted by the respondents, it appears that the respondents conducted an inquiry against the petitioner under the said charge -sheet and the charges were found to be proved against her. Thereafter a second show cause was also issued upon the petitioner which she replied on 5th January, 2012. After consideration of the said show cause, the impugned order of punishment has been passed (Annexure -6) dated 11th September, 2012, imposing the aforesaid punishment referred to hereinabove.
(3.) HOWEVER , the petitioner by way of an I.A. No. 8818 of 2013 has brought on record a judgment passed in W.P.(S) No. 7908 of 2012 dated 25th November, 2013, as per which, according to him, in similar circumstances, this court in the case of the said petitioner, Brahmdeo Prasad Mandal has been pleased to quash the order of punishment, however leaving it open to the respondents to recover the loss suffered by the department, after issuing fresh show cause notice and furnishing relevant documents to the petitioner.;