- (1.) In this writ application, the prayer of the petitioner is for quashing the order as contained in Memo No. 277 (S) dated 16.01.2012 passed by the respondent No. 4 by which punishment of recovery of Rs. 3,20,000/-, stoppage of three increments with cumulative effect and non-entitlement for any other amount except what has been paid under Rule 97 of the Jharkhand Service Code has been imposed upon the petitioner.
(2.) The facts which arise from the averments made in the writ application is that the petitioner was appointed as Junior Engineer in the State of Bihar and after bifurcation the services of the petitioner was finally allocated to the State of Jharkhand. When the petitioner was posted as Junior Engineer, Road Section, Netarhat under Road Division, Gumla in the Financial Year 2008-2009, the petitioner was put under suspension in terms of Office Order as contained in Memo No. 257 (S) dated 04.09.2009. The petitioner was handed over a memo of charge on 10.02.2010 in which various charges were formulated against the petitioner with respect to various work orders.
(3.) The Chief Engineer, Highway Wing, Road Construction Department had submitted his enquiry report dated 12.09.2011 which was forwarded to the Government vide letter dated 13.09.2011. The Special Secretary, Road Construction Department issued a second show cause notice to the petitioner to which the petitioner had duly submitted his explanation and subsequent thereto the Engineer-inChief being the disciplinary authority passed an order of punishment against the petitioner as contained in Memo No. 277 (S) dated 16.01.2012 in which the petitioner was inflicted with three punishments. An appeal was preferred but the same was not disposed of and ultimately the petitioner has filed the present writ application.;