SHREE CHANDRASHEKHAR,J. - (1.) Challenging penalty order dated 17.02.2016 and the appellate order dated 10.06.2017, the petitioner has approached this Court.
(2.) Mrs. Ritu Kumar, the learned counsel for the petitioner referring to various letters written by the petitioner seeking leave on the ground of his illness submits that after remand by the appellate authority vide order dated 28.06.2012 to the enquiry officer for granting opportunity to the petitioner to cross-examine the witnesses and lead his defence, the petitioner was not granted adequate opportunity to defend himself. It is contended that without examining Dinesh Chandra Jha who was author of letter dated 22.08.1977, the petitioner on the allegation of producing aforged appointment letter and forged transfer order dated 16.11.1984 cannot be dismissed from service. She has laid stress on letters dated 22.08.2014 and 02.06.2015.
(3.) Briefly stated, the petitioner was appointed on 23.08.1977 on the post of Sectional Clerk. He claims that he was transferred to Koderma vide office order dated 16.11.1984 and thereafter, he was transferred to different places such as, Chas, Gopalganj, Hazaribagh and Jhumri Tilaiya. A chargememo dated 05.02.2002 was served upon him, to which he submitted his reply on 22.12.2009. Before that, challenging the charge memo, he had come to this Court in W.P.(S) No. 699 of 2004 which stood withdrawn on 17.08.2009. In the enquiry proceeding an order dated 08.11.2010 of termination from service was passed against him. He again came to this Court in W.P.(S) No. 6502 of 2010 which was disposed of vide order dated 21.10.2011 granting liberty to him to approach the appellate authority. The appellate authority vide order dated 28.06.2012 while keeping the penalty order dated 08.11.2010 in abeyance, directed the enquiry officer to afford opportunity to the petitioner to defend himself. Finally, penalty of termination from service was reiterated by order dated 17.02.2016, and it was affirmed by the appellate authority vide order dated 10.06.2016.;