RANCHI, India, Oct. 2 -- Jharkhand High Court issued the following order on Sept. 2:
1. By way of filing this writ petition, the petitioner has prayed for following relief(s):-
(i) For quashing the order dated 27.8.2015 issued vide Memo No. 1733 dated 27.8.2015 by the Deputy Commissioner, Giridih-cum-District Programme Organizer, Giridih whereby the service of the petitioner has been terminated.
(ii) For direction upon the respondents to re-instate the petitioner and allow him to continue as Gram Rozgar Sewak with all consequential benefits, including back wages.
2. The petitioner was appointed as Gram Rozgar Sewak on contractual basis vide Memo No. 1737 dated 3.8.2012 issued by the Deputy Commissioner-cum-District Programme Organizer, Giridih. Thereafter, the petitioner successfully participated in the three weeks induction training programme in MANREGA. No complaint was ever made by any authority against the petitioner in relation to his performance, but surprisingly the Block Development Officer, Pirtand issued a show cause notice to him vide memo No. 1160 dated 7.8.2015 alleging that he has not utilized 100% allocated fund and directed to utilize the same within 15 days. After four days, the Deputy Commissioner-cum- District Programme Organizer, Giridih also issued a show cause notice bearing No. 1584 dated 11.8.2015 to the petitioner stating that 60% of the fund was to be utilized by the month of June 2015 but he has failed in utilizing the same and he was asked to show cause within three days. The petitioner gave a detailed reply on 14.8.2015 stating that allocated fund could not be utilized as initially there was no approval work/project for execution. He further contended that the petitioner sent 13 files of different schemes/project to the Block Development Officer, Pirtand for approval on 20.3.2015 and after final approval from the D.D.C, the first file was received by him on 18.5.2015 and the work was started from 25.5.2015. The file of the second scheme was received by him on 13.6.2015 and after following the formalities of the Gram Sabha, the execution work was started from 15.6.2015. So far as other schemes are concerned, detailed reply explaining the reason of delay was given by the petitioner.
3. Learned counsel for the petitioner submits that without taking into consideration, the points raised in the detailed reply, the Deputy Commissioner -cum- District Programe Organizer, Giridih passed the order of termination dated 27.8.2015 stating that the show cause reply of the petitioner is not accepted, which is illegal and capricious exercise of administrative power. It is further contended that the Block Development Officer, Pirtand, realized the fact that previously the petitioner could not utilized the allocated fund as there was no approval work/project for execution and after approval, when the opportunity was given to the petitioner, he achieved the target hence, vide letter No. 1802 dated 18.12.2015, the B.D.O requested the Deputy Commissioner, Giridih to consider petitioner's case for reinstatement, but the same has not been considered. The Block Development Officer, Pirtand again vide letter No. 302 dated 1.3.2016 requested the Deputy Development Commissioner-cumAddl. District programme Organizer, Giridih to consider the case of the petitioner for reinstatement, but no heed was paid. It is also contended that the Deputy Commissioner, Giridih had written a letter bearing No. 710 dated 10.5.2016 to the MANREGA Commissioner, Rural Development Department, Ranchi seeking guidance from him for reinstatement of the petitioner. It is further submitted that on verbal instruction of the Block Development officer, Pirtand and the Deputy Commissioner, Giridih, the petitioner had worked for about one year, but no salary has been paid to him for that period.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoEsRiLQ%2Ff%2BXW6NGBOHKEJW%2BGaKXXgy7vhLDy6eeVwgaE&caseno=WPC/1764/2021&cCode=1&cino=JHHC010132952021&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
