- (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing the impugned order of termination issued by respondent no. 3-Deputy Commissioner, Deoghar vide Memo No. 2334 dated 21.11.2012 whereby the petitioner has been terminated from services from the post of Rozgar Sewak in Kusumthar Panchayat under Sonaraithari Block, Deoghar and for direction upon respondent no. 3 to reinstate the petitioner in his former post with effect from the date of termination with all consequential benefits including continuity in service.
(2.) Sans details, the facts in a nutshell are that, in pursuance to advertisement in the month of December, 2007 for the post of Gram Rojgar Sewak in the district of Deoghar for effective implementation of Mahatma Gandhi National Rural Employment Guarantee Act (in short 'MNREGA'), the petitioner applied for the said post and was declared successful. Accordingly, the petitioner joined on 10.03.2008, whereafter he was sent for training and after completion of training, the petitioner was posted at Kusumthar Panchayat, as evident from Annexure 3. The petitioner was allotted duty to monitor the natural calamity of drought in the district of Deoghar in the year 2010. Consequent upon creation of new Block, namely, Sonaraithari, the Block Development Officer, Sonaraithari, issued office order posting the petitioner vide Memo No. 19 dated 19.01.2011, as per Annexure 5 to the writ petition. It has further been averred in the writ application that the village headman (Mukhia) reported the respondentsauthorities regarding unauthorized absence of the petitioner and one Sri Ashok Kumar Yadav (Panchayat Sewak) stating that on the fateful night i.e. on 26.09.2012 their absence led to theft of valuable gadgets in the Panchayat office and to that effect an F.I.R was lodged by the village headman.
(3.) On the basis of aforesaid intimation, the respondent no. 5 vide Memo No. 521 dated 29.09.2012 issued show cause notice to the petitioner as well as to the concerned Panchayat Sewak as to whether they have taken permission to leave headquarter from the Controlling Authority. In pursuance to the said show cause, the petitioner submitted reply to the show cause vide letter dated 01.10.2012 (Annexure 9). Subsequently, pursuant to letter dated 04.02.2013 of respondent no. 3, the B.D.O, Sonaraithari directed the concerned employee including the petitioner to appear before him on 18.02.2013 for enquiry of the incident of theft. But, it has been submitted that before the so-called enquiry, it has already been decided by the Deputy Commissioner, Deoghar to terminate the services of the petitioner vide Memo No. 2334 dated 21.11.2012 (Annexure 10/1). It has further been averred that under the R.T.I Act, the petitioner obtained information vide Memo No. 377 dated 31.01.2014 (Annexure 11) from the office of Superintendent of Police, Deoghar that no case of theft has been lodged concerning the Panchayat Bhawan, Kusumthar from 01.09.2012 till the date of furnishing of information. It has further been averred in the writ application that stolen item was actually under the custody of village headman, as evident from the record of handing over and taking over charge dated 10.09.2012 (Annexure 12 and 12/1). It has further been submitted that even other employees of MNREGA and members of Panchayat Committee, Kusumthar Panchayat have informed the Deputy Commissioner, Deoghar that they have never seen any L.C.D or Dish (alleged stolen articles) in the concerned Panchayat Bhawan. Being aggrieved by the order of termination issued vide Memo No. 2334 dated 21.11.2012, the petitioner represented before the Deputy Commissioner, Deoghar on 06.11.2012 and 11.02.2014 (Annexure 14 and 14/1). Since, the representations submitted by the petitioner have fallen on deaf ears, the petitioner has approached this Court invoking extra-ordinary jurisdiction under Article 226 of the Constitution of India for mitigating his grievances.;