RANCHI, India, July 26 -- Jharkhand High Court issued the following order on June 26:

1. The instant appeal under Clause 10 of the Letters Patent is directed against the order dated 28.11.2019 passed in W.P(S) No.181 of 2016 whereby and whereunder the writ petition has been allowed by the learned Single Judge whereby and whereunder the impugned order dated 13.05.2015 contained in Memo No.4280 (Annexure-25 to the writ petition) and Resolution dated 20.12.2012 contained in Memo No.13920 (Annexure-14 to the writ petition) are quashed and set aside.

2. The brief facts of the case as per the pleadings made in the writ petition needs to refer herein which reads as under:

(i) In the year, 2008 the petitioner (respondent herein) was posted as B.D.O, Churchu and in the same year one Tapas Soren has committed self immolation at Charhi Chowk and after that incident, the Deputy Commissioner, Hazaribagh vide order dated 02.07.2008 has directed Additional Collector, Land H.B, Hazaribagh, to conduct an enquiry and submit the report within a week. However, on the next day i.e. on 03.07.2008 vide letter No.01-Camp., the Deputy Commissioner, Hazaribagh wrote a letter to the Secretary, Rural Development Department, Govt. of Jharkhand for taking administrative action against the petitioner with recommendation for putting him under suspension.

(ii) Pursuant thereto, the matter was discussed among the senior officials of the personnel department and after obtaining consent from Hon'ble the Chief Minister, suspension order vide Memo No. 4040 dated 03.07.2008 was issued under pen and signature of the Joint Secretary, Department of Personnel, Administrative Reforms and Rajbhasha with regard to incidence of self immolation of one Tapas Soren ignoring the fact that on 02.07.2008, a direction was issued to Addl. Collector by the same Deputy Commissioner to conduct an enquiry and to submit the report within one week and on 03.07.2008, there was no report of Addl. Collector, which was submitted before the Deputy Commissioner.

(iii) It is further the case of the petitioner that on 05.07.2008, vide Letter No. 7 Bhu.Ha., the Addl. Collector, after enquiry submitted a detailed enquiry report to Deputy Commissioner wherein, petitioner was fully discharged from the allegation leveled against him. Further, the matter was enquired by the Ministry of Rural Development, New Delhi and in the said enquiry also, the petitioner was discharged from the charges leveled against him, which is evident from the report dated 30.10.2008.

(iv) Subsequently, the Deputy Commissioner Hazaribagh vide order dated 08.07.2008, has appointed five Administrative Officers for conducting physical verification of the Well which were being constructed in Churchu Block ignoring the fact that all the Officers were not the Technical officer. Thereafter, they submitted physical verification report to Deputy Commissioner and after being dissatisfied with the work, the Deputy Commissioner. Hazaribagh prepared Prapatra 'K' and forwarded to the State Government vide Memo No. 27.

(v) It is further case of the petitioner that after the confirmation of the Prapatra 'K', vide Resolution dated 28.04.2009, the Joint Secretary, Personnel, Administrative Reforms and Rajbhasha Department, issued notification for conducting Departmental Proceeding against the petitioner. The Commissioner, North Chotanagpur Division, Hazaribagh was appointed as the Conducting Officer and on 03.08.2010, the petitioner submitted his written statement/reply to him.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1d8VfjUf8LzSeJf8%2Bv3nbQ8BQO343t8YqyvJdBUJx3I70&caseno=LPA/144/2020&cCode=1&cino=JHHC010080502020&state_code=7&appFlag=)

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