S. N. Pathak, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner has approached this Court with a prayer for quashing the memo no. 623, dated 28.04.2017, issued by the Deputy General Manager (HR), Jharkhand Bijli Vitran Nigam Limited, Ranchi whereby and whereunder, charge memo dated 28.04.2017 has been served upon him for initiation of departmental proceeding and for filing reply before the enquiry officer, failing which an ex-parte order shall be passed. Further prayer has been made for stay of said proceeding whereby show-cause notice has been issued for filing reply the charge memo dated 28.04.2017.
(3.) The factual exposition as has been delineated in the instant writ petition is that petitioner was appointed as a Junior Engineer, Jharkhand State electricity Board on 01.09.2011. After his joining, he was posted as Junior Engineer at different places. When petitioner was posted at Ghatshila Division on 08.07.2016, then in the month of August, 2016, one Ravindra Kumar Agarwal had applied for electrical connection in his newly established Play School on 10.08.2016. After processing the said application, petitioner prepared estimates for electrical connection on 27.08.2016 and, thereafter, sent it to the Assistant Engineer of the Division for further approval and necessary formalities. It alleged that the time allowed for the electric connection is fixed for three weeks' from the date of application. But one Shri Bimal Kumar Agarwal claimed to be brother of Ravindra Kumar Agarwal approached him for immediate electric connection before completion of said three weeks. The petitioner replied that all the formalities has been completed and file has been sent to the Assistant Engineer for further formalities. So, he should go and meet Assistant Engineer. It is further contended that during posting and stay of the petitioner at Ghatshila and Galudih area, he saw a large number of persons not paying electric bills properly and the department is at heavy loss of revenue. So, with the help of Police Constable, he raided at 26 places where several First Information Reports were lodged and 300 illegal connections were disconnected as the consumers were either not paying the Bills or were not paying appropriate bills and using the electricity illegally. Besides that, the load survey of the electricity was checked-up and scrutinized. Two persons were caught who were not paying the Bills and fine were imposed against them. Eight FIRs. were also filed. So, for these reasons, local leaders threatened the petitioner to stop lodging FIRs. and checking of the electric connections i.e. hooking etc. and also petitioner was threatened not to disconnect the line who were not paying the Bills. It is alleged that due to aforesaid reasons, one Bimal Kumar Agarwal, who claimed to be brother of the applicant Ravindra Kumar Agarwal, hatched a conspiracy and filed a complaint before the Vigilance Inspector on 28.08.2016 with a statement that illegal gratification are being asked by the petitioner. It is also alleged that the Vigilance Inspector namely Nagendra Kumar Mandal verified those allegations on 29.08.2016 and prepared formalities for raiding office of the petitioner. As per plan, the Vigilance Inspector Nagendra Kumar Agarwal arrested the petitioner on 30.08.2016 in his office. It is alleged that Bimal Kumar Agarwal paid Rs.4,000/- for immediate electric connection. Petitioner was thereafter remanded to judicial custody on 30.08.2016. Petitioner was released on bail by Order of the High Court on 08.12.2016 and released on furnishing bail bond on 09.12.2016 and on 10.12.2016. Petitioner thereafter submitted his joining in the department and he was allowed to continue in service. However, during the period of detention, an order was issued by the department on 20.09.2016 whereby and whereunder petitioner was suspended with effect from 30.08.2016 but suspension order has already been revoked due to joining of the petitioner in the new place of posting in Jamtara Division and continuing his service.;