RANCHI, India, Sept. 18 -- Jharkhand High Court issued the following order on aUG. 19:

1. The instant writ application has been filed by the petitioner for quashing the order dated 01.04.2019 (Annexure-9), passed by the Deputy Commissioner, Palamau, whereby the service of the petitioner to the post of Panchayat Secretary has been terminated.

Petitioner has further prayed for quashing the order dated 08.11.2019 (Annexure-10), issued by the Commissioner, Palamau Division, Medini Nagar, whereby appeal preferred by the petitioner against the order of termination dated 01.04.2019, has been dismissed.

Further prayer has been made that upon quashing the aforesaid orders, a direction be given to the respondents to reinstate the petitioner to the post of Panchayat Sewak.

2. Briefly stated, the petitioner was appointed as Panchayat Sewak/Secretary vide order dated 13.10.1999 issued by Deputy Commissioner, Palamau, and was posted in Chhattarpur Divison, Hariharganj and since then, he was working efficiently and diligently without any complaint whatsoever.

3. Thereafter, the Deputy Development Director, Palamau vide letter dated 03.10.2016 directed Sub-Divisional Officer, Chhattarpur, Palamau, to conduct an enquiry for irregularities being committed in construction of Dobha in Panchayat Madhubana, Division Pipra. Upon receipt of such direction, the Sub-Divisional Officer, Chhattarpur, Palamau, vide letter dated 07.10.2016 submitted an enquiry report in the said matter after conducting spot verification, wherein it was found that Dobha was not constructed in the land of concerned beneficiaries namely Pramod Yadav, Ramashray Yadav, Sinod Rajwar and Ram Prasad.

However, amount for construction of the Dobha was withdrawn by the delinquent employees in the name of construction of aforesaid Dobha. Thereafter, the Deputy Development Commissionercum-District Programme Coordinator, Palamau, vide order dated 10.12.2016 fastened proportionate liability upon concerned employees including the petitioner for irregularities committed in construction of Dobha which resulted in loss of public money to the tune of Rs.1,78,023/-.

Further, the petitioner was directed by the Block Development Officer, Pipra, Palamau, to file show cause in relation to financial irregularities committed in construction of Dobha. Accordingly, the petitioner vide letter dated 17.03.2017 filed show cause denying the allegation stating therein that payments were made to the workers on the basis of measurement book. The Block Development Officer, Pipra, Palamau, vide letter dated 18.04.2017 forwarded the show cause filed by the petitioner along with the other delinquent employees to the Deputy Development Commissioner, Palamau, for taking further action against them.

The Deputy Development Commissioner-cum-District Programme Coordinator, Palamau, vide letter dated 03.05.2017 passed an order directing the concerned authorities to take appropriate steps against the delinquent employees, wherein direction was given to forward Prapatra 'K' against the petitioner in departmental proceeding.

4. The case of the petitioner is that the Director, District Rural Development Authority, Palamau, who was the Conducting Officer vide letter dated 16.07.2018 informed the Block Development Officer, Palamau, that the petitioner has been directed to produce evidence in relation to the charges levelled in Prapatra 'K' against the petitioner on the next date of hearing which is fixed on 27.07.2018. Accordingly, the petitioner vide letter dated 27.07.2018 filed a reply to the Director, District Rural Development Authority, Palamau, wherein the petitioner clarified that he has no role in identification of land on which a Dobha is to be constructed and further payments were deposited in the bank accounts of the worker, therefore, it is not a case of financial irregularity as payments have been made in the bank account of the worker.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62Wml%2Bbqi3DsFAR9VaNLaaX4kKUgC%2FFrOqnLJpotm1EysE&caseno=WPC/6996/2019&cCode=1&cino=JHHC010421422019&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.