- (1.) In this writ application the petitioner has prayed for quashing of the notification as contained in Memo No. 758 dated 03.04.2007 issued by the respondent no. 3 whereby and whereunder the petitioner has been given a major punishment of stoppage of two increments with cumulative effect and the promotion of the petitioner has been stopped for 5 years. The petitioner has further challenged the order as contained in Memo No. 1281 dated 08.04.2009 by which the appeal preferred on behalf of the petitioner against the order of infliction of major punishment has been rejected by the Appellate Authority.
(2.) The facts which arise out of the averments made in the writ application are that, the petitioner was posted as an Executive Engineer in Irrigation Division, Baunsi, District Banka, Bihar for the period from 30.07.2002 to 28.10.2004. The proposal for construction of Escape Weir over the Hidambi Bandh in Rakauli River at Chain 0.0 recommended by the Chief Engineer, Water Resources Department, Bhagalpur, on the basis of a report submitted by the then Superintending Engineer vide letter no. 3763 dated 03.12.1997, was put forward. The Chief Engineer, Water Resources Department, Bhagalpur vide letter no. 3170 dated 02.11.1998 informed the Superintending Engineer, Patna that the scheme for the construction has been inquired into and approved by the Chief Engineer, Patna and as such the additional amount of Rs. 70.54 lacs be alloted. No action was taken on the issue as proposed and in the year 2001, the estimate was revised by NABARD for the purposes of fund allotment and the rate was changed and the revised estimate of Rs. 63.04 lacs was prepared. On the basis of the direction given by the departmental officers, the Assistant Engineer, Irrigation Sub-Division, Punjbara and the Superintending Engineer, Irrigation Circle, Bhagalpur had prepared the revised estimate of Rs. 64.19 lacs and the same was submitted to the department in July 2003 and on inquiry made by the Chief Engineer, technical approval was granted for an amount of Rs. 64.19 lacs. Pursuant to the approval granted by the competent authority tenders were invited and on 14.01.2004 the work was alloted to Sriram Stone and Construction Limited, Baunsi and an agreement was also entered into and a work order was issued. However, pursuant to a meeting presided over by the Minister, Water Resources Department, the entire project for construction of Escape Weir over the Hidambi Bandh in Rakauli River was cancelled and directions were given to carry out necessary repair work in the said dam. The petitioner was served with a letter dated 08.09.2004 by the Deputy Secretary, Department of Water Resources, Bihar in which in terms of Rule 55A of the Civil Services (Classification, Control & Appeal) Rules, 1956, petitioner was directed to submit an explanation. Since the cadre bifurcation had taken place in the meantime and the services of the petitioner was allocated to the State of Jharkhand, the State of Jharkhand issued a circular as contained in Memo No. 3284 dated 13.08.2005 by which a proceeding was initiated under Rule 55 of the Civil Services (Classification, Control & Appeal) Rules and respondent no. 5 was appointed as an inquiry officer. The petitioner had submitted his explanation vide letter no. 16 dated 14.04.2006 and thereafter an inquiry was conducted and an inquiry report dated 13.05.2006 was also prepared in which none of the charges levelled against the petitioner was found to have been proved. However, in terms of Memo No. 758 dated 03.04.2007, the disciplinary authority disagreed with the findings of the inquiry officer and inflicted a major punishment upon the petitioner which resulted in stoppage of 2 increments with cumulative effect and stoppage of promotion of the petitioner for a period of 5 years. An appeal was preferred by the petitioner before the Appellate Authority on 28.06.2007 which was however rejected.
(3.) Heard Mr. Manoj Tandon, learned counsel for the petitioner and Mr. Dhananjay Kumar Dubey, learned Senior Standing Counsel I on behalf of the State of Jharkhand.;