RANCHI, India, Feb. 19 -- Jharkhand High Court issued the following order on Jan. 19:
1. 1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs:
a. For issuance of appropriate writ or writ in the nature of certiorari quashing the order dated 19.06.2019(Annexure:-17) issued vide memo no 786 wherein Respondent No 2 has rejected the appeal of the petitioner challenging the order of punishment.
b. For issuance of appropriate writ or writ in the nature of certiorari quashing of the order issued vide letter no. 932 dated 06-10-16(Annexure:-10) issued under the signature of respondent no.4 whereby and whereunder the concerned authority has ordered for adjustment of Rs. 6,31,017.24 from the salary of petitioner because of non submission of vouchers, without appreciating the fact that there had been no such charge w.r.t. the vouchers.
c. For issuance of appropriate writ or writ in the nature of certiorari quashing of order issued by Respondent No 3 vide memo no 694 dated 20.05.2013(Annexure:-8) wherein punishment has been awarded to the petitioner under departmental proceeding.
3. The brief facts of the case as per the writ petition are that the petitioner was served with charge sheet vide memo no. 800 dated 30.08.06 and he submitted his reply denying the charges before the Enquiry officer on 12.10.06 and the Enquiry officer concluded the proceeding and submitted a report holding the petitioner guilty. Based upon the said report, the respondent no.3 issued punishment order vide memo no.75 dated 13.01.11.
4. Thereafter, in the departmental appeal, the respondent no.2 vide order dated 01.07.11 set aside the punishment order and directed for enquiry of the entire matter afresh. As per the order dated 01.07.11, fresh proceeding was initiated and the petitioner submitted detailed reply explaining the entire facts with all supporting documents before the newly appointed enquiry officer. The Enquiry Officer submitted the enquiry report on 07.01.2013.
5. On the basis of the enquiry report, the Deputy Commissioner, East Singhbhum, Jamshedpur vide letter dated 19.02.2013, issued second show cause proposing the same punishment as was earlier awarded to the petitioner. The petitioner submitted a reply to the second show cause while pointing all the irregularities in the departmental proceeding, vide his reply dated 09.04.13. The respondent no.3 vide order bearing memo no. 694 dated 20.05.2013, re-affirmed the punishment which was earlier awarded vide memo no.75 dated 13.01.2011. The petitioner specifically pleaded that during the period when the petitioner was in judicial custody, the lock of his almirah was broken and cash book etc. was handed over to some other person and remaining documents, vouchers were left abandoned. Vide letter bearing memo No.932 dated 06.10.2016 the respondent No.4, while taking reference of the punishment order dated 20.05.2013 passed by the Deputy Commissioner, East Singhbhum, directed the Respondent No.5 to recover/adjust Rs.6,31,017.24/- from the salary of the petitioner.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WnLth%2FnwaYEFJDINMtgG6i0xxILMTazF0Uoj00Sz%2B8TJ&caseno=WPC/5358/2019&cCode=1&cino=JHHC010321352019&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
