- (1.) In the accompanied writ applications the petitioner has prayed for issuance of writ of certiorari for quashing the order dated 03.09.2011 passed by respondent no. 5, the Superintending Engineer, relating to dismissal from services and further for a direction upon the respondents for reinstatement in services with all consequential benefits. The said petitioner (in W.P.(S.) No. 1398 of 2011) has, interalia, prayed for issuance of an order in the nature of certiorari for quashing the order dated 24.04.2010 pertaining to suspension from services. Both the writ petitions were heard together and are being disposed of by the common order.
(2.) Sans details of the facts as averred in the writ application is that initially the petitioner was appointed as Accounts Clerk in Public Works Department, Koderma Division on 11.04.1980. Thereafter, he continued to work in the said post to the utmost satisfaction of the respondents authorities. While working as Accounts Clerk the petitioner received a letter dated 03.08.2001 by which he was put under suspension for committing irregularities during his tenure. It is apposite to mention here that a First Information Report was lodged on 03.09.2001 on the allegation, inter-alia, that the petitioner was a Bill Clerk in Public Works Department and was preparing the bill of retired employees and has defaulcated the amount of Rs.5,35,152/- in different occasion and it was also alleged that the petitioner has confessed his guilt in writing that he has withdrawn the amount of Rs. 88,322/- and was ready to deposit it and the said amount was kept in his own account in the bank. The petitioner was served with a show cause along with the charge sheet and from the same day departmental proceeding was initiated against him as evident from the letter dated 11.09.2001 along with charge sheet. The petitioner replied on 11.12.2001 denying the charges levelled against him. The Executive Engineer vide its letter dated 16.02.2000 directed the cashier Kanhaiya Lal as well as the petitioner to deposit the amount related to the salary and other allowance to the employees in the Bank of Baroda and in the event the Cashier goes on leave, the petitioner will deposit the draft in the bank. Petitioner was given direction to re-prepare the bill of retired employees as evident from the letter dated 11.3.2000.
(3.) Being aggrieved by the order of suspension the petitioner moved before this Court vide W.P.(S.) No. 926 of 2003 and the same was disposed of vide order dated 07.03.2003 with a direction to the respondents. The respondent no. 3 passed an order of dismissal dated 3.12.2003 and then the petitioner filed an appeal before the Secretary, Public Works Department, Road Division Government of Jharkhand giving all the details and raised all the points. The Secretary did not consider the appeal and rejected the same vide order 30.01.2004 affirming the order dated 03.12.2003. Being aggrieved, the petitioner preferred W.P.(S) No. 1057 of 2004 challenging the order of the Disciplinary Authority as well as the Appellate Authority and this Court vide order 16.08.2004 has been pleased to quash the order of dismissal. Against the order dated 16.08.2004 the respondent authority preferred L.P.A. No. 806 of 2004 which was also dismissed with certain observations. After the order passed in L.P.A., the petitioner was reinstated in services and posted in the district Chatra. Since the petitioner was not paid salary and after interference of this Court, the petitioner was paid the salary. After five years of reinstatement, the petitioner for the same charges was again suspended on 24.04.2010 vide Annexure 29 to the writ application. An order of recovery from the petitioner amounting to Rs. 13,68,794 was issued by the Certificate Officer on 29.11.2010 vide Annexure-30 to the writ application. The petitioner again moved before this Court in W.P.(S.) No. 1398 of 2011. This Court vide order dated 23.08.2011 directed the respondents authorities to conclude the enquiry as early as possible and in pursuance to the order dated 23.08.2011 passed by this Court, the respondent authorities passed an order dated 03.09.2011 dismissing the petitioner from services vide Annexure- 31 to the writ application.;