J.C.S.RAWAT, J. - (1.) THIS writ petition has been filed under Article 226 of the Constitution of India for seeking the relief to quash the decision taken by the Deputy Commissioner, Giridih vide Memo No. 1026 dated 10.12.2007 by which, it was indicated that the petitioner has committed irregularities as provided under Rule 167 of the Miscellaneous Rules and byelaws and he directed to conduct a departmental proceeding against the petitioner. He further indicated in the order that the Additional Collector, Land Reforms, Giridih and the Block Development Officer (BDO), Bagodar had been appointed as the Enquiry Officer in the said proceeding with a direction to conduct the said enquiry within 90 days from the date of passing the order.
(2.) THE admitted fact of the case is that the petitioner was working as Nazir at Gama Block and he was given a show cause notice on 12.7.01, by which, it was directed to submit his explanation as he has committed certain irregularities in the said office and a reply thereof was submitted. Thereafter, the suspension order was passed on 22.10.05 against the petitioner alongwith other two persons. In the said suspension order, the B.D.O., Bagodar was appointed as the Enquiry Officer. The Enquiry Officer submitted a report to the Deputy Commissioner by Annexure -5 to the writ application mentioning therein that the Government money has not. been defalcated and all the accounts were cleared and therefore, a recommendation for revocation of the suspension of the petitioner was made. Thereafter, the petitioner's suspension was not revoked and the enquiry was also not dropped, Thereafter the petitioner preferred a writ petition being WP(S) No. 5460 of 2006 before tins Court, in which, the Court has directed as under: In view of the nature of the claim, this writ application is disposed of remitting the matter to the Deputy Commissioner, Giridih to pass an appropriate order on the basis of the recommendation of the B.D.O., Bagodar and also the other relevant records. If there are materials in support of the allegations against the petitioners, the said authority shall pass a necessary order for conducting and concluding the departmental proceeding within a period of three months from the date of receipt/production of a copy of this order. If the subsistence allowance of the petitioner No. 1 has not been paid, as claimed by him, the arrears of the same must be paid to him within a period of two weeks from the dale of receipt/production of a copy of this order. If the departmental proceeding is not concluded within the said period, the petitioners' suspension shall stand revoked. Pursuant to the said order, the learned Counsel for the petitioner pointed out that a contempt petition was filed and the suspension of the petitioner was revoked during the pendency of the contempt petition and further Annexure -8, the impugned order, was passed by the Deputy Cemmissioner, Giridih.
(3.) HEARD the learned Counsels for the parties and perused the record.;