- (1.) In the accompanied writ application, the petitioner has inter-alia prayed for quashing the order dated 24.12.2009 passed by the Deputy Commissioner, Dumka (respondent no.2) whereby the petitioner has been dismissed from services vide Annexure-4 to the writ application.
(2.) The factual matrix, bereft of unnecessary details, in a nutshell is that the petitioner initially was appointed as Peon (Class IV employee) in the year 1980 and after passing the departmental examination was promoted to Class III grade in the year 1992. Thereafter, the petitioner was serving as bench Clerk in the court of Executive Magistrate, Dumka. On being transferred from Dumka to Shikaripara Block joined there as an Assistant and the petitioner while working as such was asked to take charge of Nazir by the then Circle Officer and accordingly he started working as In-charge Nazir, Shikaripara Block. While working as such two cheques amounting to Rs. 5 lacs and 2 lacs were issued in the name of Nazir, Shikaripara for the purpose of distributing the same among the pensionaries of National Old Age Pension Scheme and the petitioner withdrew the same as he was functioning as Incharge Nazir, shikaripara. The petitioner along with two others were instructed by the then Circle Officer to distribute the aforesaid amount among the beneficiaries. Although, the petitioner and Mr. Dhruv Prasad Pathak objected verbally but they were forced to obey the orders of the then Circle Officer and the petitioner vide his representation dated 24.03.2007 made a complaint before the Deputy Commissioner, Dumka about the conduct of the then Circle Officer and requested to take appropriate action. The charges were framed against the petitioner on the allegation of defalcation/misappropriation of entire amount except Rs.48,100/-, which was totally unwarranted and baseless vide charge sheet dated 31.05.2007 (Annexure-2) and the petitioner was put under suspension and a departmental enquiry was set up vide order dated 07.06.2007 by the Deputy Commissioner, Dumka. On the basis of inquiry report, the petitioner was asked to second show cause to which he submitted his explanation to the charge dated 29.04.2009 vide his representation dated 24.10.2008 under Annexure 3 and 3/A to the writ application. Thereafter, the Deputy Commissioner, Dumka has dismissed the petitioner from services vide Annexure-4 to the writ application.
(3.) Being aggrieved by the impugned order of dismissal from services vide Annexure-4, the petitioner left with no other alternative, efficacious and speedy remedy has approached this Court invoking extra-ordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances.;