Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties.
(2.) BY the impugned order bearing Memo No. 2219(S) dated 14.03.2013 (Annexure -6) issued by the Engineer -in -Chief, Road Construction Department, Government of Jharkhand, a new Inquiry Officer and Presenting Officer have been appointed to inquire into the charges levelled against the petitioner in Departmental Proceeding vide Office Order No. 204 read with Memo No. 5863(S) dated 21.08.2012 (Annexure -3 and 3/1). The order impugned has been challenged by the petitioner who was then serving as a Junior Engineer at Zila Parishad, Dumka on the grounds that they are in teeth of the settled law laid down by the Hon'ble Supreme Court in such circumstances in the case of K.R. DEB Vs. The Collector of Central Excise, Shillong reported in [ : 1971 (2) SCC 102, para -12 thereof. He has also relied upon a judgement rendered in the case of Kanailal Bera vs. Union of India & Ors. reported in [ : 2008 (1) JLJR (SC) 37. It is submitted that the previous Inquiry Officer i.e. the Additional Commissioner, Dumka had submitted the Inquiry Report exonerating the petitioner of charges vide letter no. 1211 dated 31.12.2012 (Annexure -5 & 5/1), which on examination by the Disciplinary Authority, was held to have been submitted without cross -examination of the victim workmen. Rejecting the said Inquiry Report, a new Inquiry Officer has been appointed by the impugned order which is impermissible in law.
(3.) IT is submitted that the petitioner has retired on 31.07.2013. The charges inter -alia were relating to the financial irregularity to the tune of Rs. 30,222/ - in the matter of payment of wages to Muster Roll Daily Wage Labourers, which also led to institution of FIR on 13.07.2007 under sections 467, 468, 409 and 420 of the Indian Penal Code. It is submitted that such a course being not open in law, the impugned order cannot survive the test of legal scrutiny.;