JUDGEMENT
PRAMATH PATNAIK,J. -
(1.) In the accompanied writ application, the petitioner has inter
alia prayed for issuance of writ in the nature of certiorari for
quashing notification dated 02.04.2009, whereby respondent no. 3
has been pleased to award punishment as contained in Annexure 4
and further direction upon the respondents to make payment of
salary of suspension period and to give annual increment and its
consequential benefits.
(2.) Sans details, the facts as disclosed in the writ application, is that the petitioner while continuing as C.D.P.O, Murhu, Ranchi was
placed under suspension vide order dated 09.11.2006 for
commission of certain financial irregularities in contemplation of
departmental proceeding initiated against her, wherein the Enquiry
Officer was appointed, who submitted his report dated 06.03.2009
vide Annexure 3 to the writ application exonerating the petitioner
from all the charges. In the said enquiry report, the Enquiry Officer
has recommended for revocation of the order of suspension and to
allow her to join on the post of Child Development Programme
Officer. But to the utter surprise and consternation, the disciplinary
authority vide order dated 02.04.2009 has been pleased to impose
the punishment of stoppage of two increments for two years and
recovery of 10 % interest upon Rs. 22,96,372.00 for the period from
12.05.2006 to 07.06.2006 in five equal installment from the salary and allowances of the petitioner. In this context, learned counsel for
the petitioner submitted that when the fund was allotted to the
petitioner's block, the petitioner returned the amount adjusting the
expenditure of Posahar in the light of Annexure 5 and 6.
(3.) Being aggrieved by the impugned order of punishment, the petitioner has approached this Court under Article 226 of the
Constitution of India for redressal of her grievances.;
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