JHARKHAND HIGH COURT ISSUES ORDER ON SATYAM BHARDWAJ V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Feb. 23 -- Jharkhand High Court issued the following order on Jan. 22:

1. Heard, learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. By filling this writ petition the petitioner is praying to quash the order dated 27.11.2020, contained in Memo No.6156 by which after conclusion of the departmental proceeding, the petitioner has been inflicted with punishment of stoppage of three increments without any cumulative effect. Further, he challenged the Appellate Order dated 01.12.2022 contained in Memo No.7576 also by which the appeal was rejected.

3. The learned counsel appearing on behalf of the petitioner argues that the order is absolutely bad in law and the provisions/ the procedure laid down in service rules for initiating a departmental proceeding and punishing the employee, has not been opted by the respondents. As per him, there are no evidences which is led by the respondents to prove the charges against the petitioner. He also submits that on the facts of this case, the petitioner who was an Assistant Section Officer did have any capacity or power to extend the time or did not have any role to play in the departmental proceeding which was initiated against one-Matiyas Vijay Toppo. He submits that there are other persons in the hierarchy but without any reasons, the petitioner has been punished.

4. The learned counsel appearing on behalf of the State submits that the punishment which has been imposed upon the petitioner is a minor punishment, thus, this Court should not interfere. According to him since the charge which was levelled against the petitioner stands proved, this Court exercising jurisdiction under Article 226 of the Constitution should not interfere with the order of punishment. He argues that the Enquiry Officer found the charges levelled against the petitioner to be proved, thus this Court should not substitute its own views and exonerate him. He lastly submits that from the enquiry report, it is clear that the department has proved the charges which has been levelled against the petitioner, thus no interference is called for.

5. The petitioner was an Assistant Section Officer. One Matiyas Vijay Toppo who was an SAR Officer, was suspended by the department. He filed writ petition being WP(S) No.1753/2016 before the High Court of Jharkhand. The same writ petition was disposed of on 31.08.2017 with specific direction upon the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, to conclude the departmental proceeding within one month with a condition that if the same is not concluded within one month, the suspension order would stand revoked.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfEbsQGG5MbjnVdckz8hIqBGL9odIWikua%2B5R5%2FNe85Fp&caseno=WPC/317/2022&cCode=1&cino=JHHC010021322022&state_code=7&appFlag=)

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