D.G.R.PATNAIK, J. - (1.) HEARD counsel for the parties.
(2.) CHALLENGE in this writ application is to the order dated 1.8.2005 (Annexure -9) passed by the 10/5/2014 Page 119 Sunanda Nandi Versus State Of Jharkhand Respondent No. 3 namely, the Home Secretary, State of Jharkhand and also to the order dated 29.8.2003 issued by the Respondent No. 4 namely, the Director General of Police, Jharkhand, whereby and whereunder the petitioner has been punished by way of stoppage of increments in his pay scale and also ordered for recovery of the cost of cartridges which are alleged to have been lost by the petitioner during the tenure of his service. While praying for issuance of an appropriate writ for quashing the impugned orders, the petitioner has also prayed for issuance of a writ in the nature of mandamus commanding upon the concerned respondents not to give effect to the orders which have been passed on the basis of Disciplinary Proceeding initiated by the Respondent No. 3, on the ground that such order was passed by the Respondent No. 3 without independent application of mind and without serving any prior show cause notice and legal opportunity of hearing, to the petitioner. The petitioner was posted on the post of Sergeant Major during the year 1994 -95 under the State of Bihar. He had however superannuated on 31.8.2003 while serving in the State of Jharkhand. While he was posted in the district within the State of Jharkhand, a Departmental Proceeding was initiated against him on 29.8.2001 under the orders of the Deputy Inspector General of Police, Headquarters, Bihar, Patna in respect of the charge of misappropriation and theft of cartridges committed while he was posted in the district of Naugachchia in the year 1994 - 95, within the State of Bihar. The departmental Proceeding was initiated by the concerned authorities on the basis of the directions contained in the Circular/Letter No. 28.10.2000 SR(S) dated 22nd February, 2001 issued by the Government of India, Ministry of Personnel, Public Grievances & Pension, Department of Personnel & Training, declaring therein that "in cases of misconduct relating to those territories which were part of the State of Bihar existing immediately before the appointed day, the inquiry may be conducted by the State of Bihar and papers transferred to the disciplinary authority in the State of Jharkhand to take a final decision". The findings recorded in the Departmental Proceeding affirmed that the charge against the petitioner was proved. Since the petitioner at the relevant time was posted in the district of Chaibasa within the State of Jharkhand, all the relevant documents pertaining to the Departmental Proceeding, including the inquiry report, were forwarded to the concerned Disciplinary Authority of the petitioner in the State of Jharkhand for further necessary action against the petitioner. After considering the documents, including the findings in the inquiry report, the impugned orders were passed against the petitioner by the authorities in the State of Jharkhand.
(3.) IT needs to be mentioned here that against the same impugned orders, the petitioner had earlier preferred a writ application vide W.P.(S) No. 4939 of 2003 which was disposed of by order dated;