- (1.) In the accompanied writ application, the petitioner-Madneshwar Prasad Singh (deceased) has inter alia prayed for quashing of the order dated 31-5-1997 pertaining to dismissal from Government services and for direction to the respondent for grant of all consequential service benefits. During pendency of the writ application the petitioner died, as such, an interlocutory application bearing I.A. No. 3558 of 2015 was filed on behalf of the legal heirs and accordingly, the name of present petitioner being the legal heirs has been inserted in the cause title.
(2.) The factual matrix, as disclosed in the writ application, in a nutshell is that the petitioner Late Madneshwar Prasad Singh joined as Junior Engineer in the Subarn-rekha Multipurpose Project on 10-7-1987 and continued to work till his transfer to the department of Minor Irrigation. In the year 1983-84 one S. S. Kalsi was allotted the work of earth cutting by the project. Since the work of the contract was found out unsatisfactory, his contract was cancelled sometimes in the year 1985. In the year 1986-87 the left over work was allotted to M/s. Kalsi and Sons by the Subarn-rekha Multipurpose Project. However, on the ground of unsatisfactory work, the left over work was allotted to one Alok Agency in the year 1989. In the year 1990 the Executive Engineer, Subarnrekha Canal Division asked the petitioner to file his explanation with respect to excess payment to S.S. Kalsi & Company and M/s. S. S. Kalsi and Sons. Pursuant thereto the petitioner filed his explanation vide his letter dated 5-5-1990 denying any irregularity committed with respect to payment to the earlier contractor. Again the petitioner received a letter dated 5-10-1990 issued by the Deputy Secretary, Department of Water Resources seeking explanation from the petitioner as he was found to have guilty of making excess payment to the contractor causing wrongful gain to such persons and financial loss to the Government. After receipt of the said letter the petitioner submitted his explanation. Thereafter, the petitioner was placed under suspension vide order dated 31-10-1991 by the Department of Water Resources (Irrigation) on the ground that he in collusion with the contractors, made excess payment to the contractors and further that he was found prima facie guilty of these allegations. Thereafter, a departmental proceeding was initiated and in the charge-sheet, the petitioner was alleged to have committed irregularities. The petitioner sumitted his show-cause in the departmental proceeding before the enquiry officer. The Superintending Engineer, Subarnrekha Canal Division, Jamshedpur asked the Executive Engineer to take measurement after desilting and removing water from the pit. Thereafter, the petitioner was asked to appear before the enquiry officer in the departmental proceeding. In the enquiry no list of prosecution witness was given to the petitioner nor any witness was examined. Thereafter, the petition to his utter surprise received second show-cause in the year 1994 along with the copy of the enquiry officer. In the enquiry report there was no specific finding against the petitioner of misconduct arising out of any specific commisison or omission on the part of the petitioner. In pursuance to the second show-cause, the petitioner filed his reply denying the allegation of any kind of irregularity committed by him. Thereafter, the petitioner was dismissed from services vide order dated 31-5-1997. Being aggrieved by the impugned order of dismissal dated 31-5-1997, left with no alternative, efficacious and speedy remedy, the petitioner has approached this Court uinder Article 226 of the Constitution of India, invoking extraordinary jurisdiciton of this Court for redressal of his grievance.
(3.) Per contra, a counter-affidavit has been filed on behalf of the respondent-Executive Engineer, Subarnrekha Canal Division, Jamshedpur stating inter alia that the present writ petition is frivolous, misconceived and not maintainable. Learned counsel has further submitted that the enquiry as well as the departmental proceeding has been initiated and concluded by the Water Resources Department, Government of Bihar. No files or any records with the referred departmental proceeding was available at Water Resources Department, Government of Jharkhand nor had been sent by the Department of Water Resources, Government of Bihar Patna. In that view of the fact, the detailed reply has not been made by the respondents-State of Jharkhand.;