SHREE BHAGWAN CHOUDHARY Vs. STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2016-5-209
HIGH COURT OF JHARKHAND
Decided on May 19,2016

Shree Bhagwan Choudhary Appellant
VERSUS
State Of Jharkhand And Ors. Respondents

JUDGEMENT

Pramath Patnaik, J. - (1.) In tills accompanied writ application, the petitioner has approached this Court for quashing of the notification dated 12.2.2004 issued by the respondent No. 4 pertaining to imposition of following punishment: (i) Four annual increments have been withheld with cumulative effect. (ii) The petitioner is not entitled to get anything except his subsistence allowance during the suspension period.
(2.) The brief facts as delineated in the writ application is that while the petitioner was posted as Executive Engineer, Jamshedpur, he was assigned with completion of work i.e. for repairing of the M.G.M.M. College Hospital, Jamshedpur which was in pursuant to letter vide Annexure-I to the writ application. The said work was assigned to the petitioner because petitioner was holding the post of Executive Engineer, Building Construction Department, Jamshedpur. After completion of the said work, the petitioner was placed under suspension in exercise of powers under Rule 49(A)(1)(a) of the Civil Services (Classification Control and Appeal) Rules, 1930. The petitioner received letter dated 12.6.2003, wherein three charges were levelled against him. The petitioner submitted his reply to the alleged charges denying the same. The petitioner submitted his reply dated 7.7.2003 reiterating the earlier facts. During course of departmental proceeding, the petitioner asked for certain documents, which were not supplied to him. In the departmental inquiry, the petitioner was asked to reply to the question of respondent No. 3. The matter was inquired into and the Inquiry Officer submitted his report without supplying the same to the petitioner in a hot haste and the respondents issued notification dated 12.2.2004 imposing punishment against the petitioner as mentioned vide Annexure-7 to the writ application.
(3.) Heard Mr. Saurabh Shekhar, learned counsel for the petitioner and Mr. Navin Kumar Singh (J.C. to G.A) appearing for the respondents.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.