Chandrashekhar, J. - (1.) Aggrieved of the penalty order dated 06.05.2015 which has been approved by the appellate authority by an order dated 10.08.2016, the petitioner has approached this Court.
(2.) Briefly stated, the petitioner was appointed as Assistant Engineer in the Water Resources Department, Government of Bihar on 22.06.1987. After bifurcation of the erstwhile State of Bihar he was allocated the Jharkhand cadre and lastly he was posted in the Minor Irrigation Sub-Division, Khunti where he tendered his joining on 11.08.2003. The petitioner has asserted that after he was transferred to the Urban Development Department, Government of Jharkhand by an order dated 14.10.2004, he tendered his joining on the transferred post on 19.10.2004, however, in the meantime Model Code of Conduct on account of the forthcoming Assembly Elections, 2004 was enforced and therefore he was not given any posting. But, in the mean-time he was taken back by the Water Resources Department by order dated 17.12.2004 which was challenged by him in this Court in W.P.(S) No. 328 of 2005. He was transferred to the Design Division No. 2, Medininagar on 03.03.2005 and, therefore, the petitioner filed an interlocutory application being I.A. No. 969 of 2005 seeking amendment in the writ petition. The writ petition was dismissed by an order dated 28.07.2005 against which he preferred Letters Patent Appeal being LPA No. 588 of 2005 which was also dismissed on 08.02.2006. This order was taken in appeal to the Supreme Court in Special Leave to Appeal (Civil) No. 8042 of 2006 which was dismissed. However, the Special Leave Petition being Special Leave to Appeal No. 7733 of 2007 preferred against the order dated 08.02.2007 passed in Civil Review No. 102 of 2006 was dismissed with the following observations : "Heard learned counsel for the petitioner. We do not find any merit in this Special Leave Petition. The Special Leave Petition is, accordingly, dismissed. We have been informed that neither the petitioner has been paid salary since December, 2004 nor permitted to join the duty. This matter be looked into by the Department and if the petitioner does not get any relief, it will be open for him to start afresh the proceedings".
(3.) Thereafter, the petitioner came to this Court in W.P.(S) No. 5702 of 2007 with the following prayers: (i) For recall/setting aside the order dated 28.07.2005 (Annexure-12) passed in W.P.(S) No. 328 of 2005 by a Bench of this Hon'ble Court as the aforesaid writ application filed by the petitioner was dismissed on the basis of the false affidavit filed by the State respondents by fraud before this Hon'ble Court, following the settled principles of law laid down by Hon'ble Supreme Court of India in case of Indian Bank Vrs. M/s Satyam Fibres (India) Pvt. Ltd. reported in 1997 (5) SUPREME 485. (ii) For taking stern action against the respondents particularly Resp. Nos. 4 and 10 for filing false affidavit/statement in W.P.(S) No. 328 of 2005 before this Hon'ble Court following the settled principles of law laid down by Hon'ble Apex Court in case of Dhananjay Sharma Vrs. State of Haryana reported in AIR 1995 SC 1795. (iii) For quashing the Govt. Memo No. 2398 dated 17.12.2004 (Annexure-8) issued by Urban Development Department by which even after having vacancy of more than 8 posts in the said department after retaining the services of those who joined later on, the service of the petitioner was sent back to Water Resources Department on the ground of having no vacant post and also to quash the Government Memo No. 621 dated 03.03.2005 (Annexure-11) issued by the Water Resources Department, Government of Jharkhand, by which the petitioner was transferred and posted as Assistant Engineer, Design Division No. 2, Medininagar without having any vacant post due to which the petitioner is still moving from pillar to post and is waiting for a proper and valid posting by the Government till date. (iv) For quashing of the Government Memo No. 3790 dated 13.09.2007 (Annexure-21) by which the petitioner has been sent intimation that the petitioner has not submitted his joining on the vacancy created after transfer of Assistant Engineers vide antedated Letter No. 1489 dated 03.08.2005 issued by Sri Sunil Kumar Thakur, the then Chief Engineer, Water Resources Department, Medningar (Respondent no. 13) issued by him without any jurisdiction knowingly the Government provisions/circular that the Chief Engineers are not competent to transfer Assistant Engineers from their level and the power is vested in Departmental Establishment Committee headed by the Secretary of the Water Resources Department and that too after approval of Departmental Minister/Chief Minister as evident from the Government Letter No. 619 dated 28.07.2001 (Annexure-1/A). (v) For direction to the respondents to make payment of salary w.e.f December, 2004 till date with interest at market rate along with other consequential benefits as the petitioner has been deprived from salary for no valid reason violating the provisions of Article 21 of the Constitution of India. (vi) For direction to the respondents to make payment of adequate cost and compensation to the petitioner for mental agony, unnecessary harassment as well as suffering with great financial hardship to maintain the daily needs and proper education of the childrens due to illegal and unconstitutional acts of the respondents. (vii) For grant of such other relief/reliefs for which the petitioner would be entitled in the facts and circumstances of the case set forth in the writ application.;