R.K.MERATHIA, J. - (1.) PETITIONERS have challenged the orders No. 1320, 1319 and 1318, dated 31.12.1997, issued by respondent No. 5, whereby and whereunder they have been dismissed from service and have claimed consequential reliefs.
(2.) THE relevant facts, in short are as follows. Petitioners were posted as Junior Engineers at Galudih right Canal Division No. 2, Musabani, District, East Singhbhum at the relevant time. In the light of report submitted by the flying squad Division No. 2, petitioners were put under suspension and a departmental proceeding was initiated against them. The main charge was of deliberately making excess payment to the tune of Rs. 16,23,124/ - to the contractor. The Enquiry Officer exonerated the petitioners in his report dated 18.4.1996. Petitioners had filed writ petitions challenging the order of suspension but after it was revoked they prayed for a direction for passing appropriate order on the said enquiry report. The said writ petitions were disposed of on 3.9.1997, the operative portions of which reads as follows: I make it clear that if the disciplinary authority chooses to differ with the enquiry report, he will pass an order issuing second show cause to the petitioner. In that view of the matter, the authority may, if he so chooses, issue a second show cause notice to the petitioner within one month from the date of service of a copy of this order and on service of the said show cause notice, the petitioner is at liberty to give his reply within a month thereafter and final order may be passed within a month thereafter. In that view of the matter, this Court directs that disciplinary proceeding must come to an end by 31st December. 1997. If it is not done so the charges framed against the petitioner shall stand quashed on 2nd January. 1998. The Government differing with the said enquiry report issued a second show cause notice. Ultimately the petitioners were dismissed from service.
(3.) MR . Shivnath, learned Counsel appearing for the petitioners submitted that (i) the reasons for differing with the enquiry report were not given in the second show cause notice; (11) one months time to file show cause was not given as per the aforesaid order of the High Court: and fill the show cause filed by the petitioner were not considered. ;