RANCHI, India, Feb. 7 -- Jharkhand High Court issued the following order on Jan. 6:
1. Heard learned counsel for the parties.
2. In this writ application the petitioner prays for the following reliefs: a. For issuance of an appropriate writ/writs, order/orders, direction/directions or writ in the nature of certiorari for quashing the notification bearing No. 119(S), dated 06.01.2011 [ANNEXURE-4], issued by the Road Construction Department, Government of Jharkhand, Ranchi through its Deputy Secretary, whereby petitioner has been awarded following punishments:
(i) Stoppage of four annual increments with cumulative effect;
(ii) No payment for suspension period except subsistence allowances during the period of suspension;
(iii) No promotion on higher post for next five years, as contained in ANNEXURE -4 to the writ petition.
b. For issuance of an appropriate writ/writs, order/orders, direction/directions or writ in the nature of certiorari for quashing the Appellate Order as contained in Memo No. 2061 (S), dated 11.04.2019, issued by the Government and communicated through the Joint Secretary, Department of Road Construction whereby and whereunder the punishment order dated 06.01.2011, has been confirmed without mentioning any reason and which was passed only on the ground that in another departmental proceeding some punishment has been inflicted. So, the order of punishment dated 06.01.2011 is confirmed without any basis.
3. Petitioner was appointed to the post of Assistant Engineer and he joined his post on 21.07.1981 under the respondents and subsequently, he was promoted to the post of Executive Engineer in the year 2002. Thereafter, he was transferred to the Road Division, Jamshedpur through a Notification dated 29.12.2006, where he took charge of his post on 30.12.2006. It is further case of the petitioner that while he was posted as Executive Engineer, Rural Works Department, Government of Jharkhand, he was served with a Notification bearing No. 21(S), dated 04.01.2009, whereby he was suspended with immediate effect. Thereafter, by a Resolution no. 1199(S)WE, dated 06.03.2009, issued by the Road Construction Department, Government of Jharkhand, a decision was taken to initiate departmental proceeding against the petitioner and consequently, the departmental proceeding was initiated. After conclusion of the enquiry proceeding, the Enquiry Officer submitted his report holding the petitioner guilty of the charges. Thereafter, the Disciplinary Authority vide Notification issued under Memo No. 119(S), dated 06.01.2011, imposed punishment of stoppage of four annual increments with cumulative effect, no payment for the suspension period except the subsistence allowance and stoppage of promotion on the higher post for the next five years. It is further case of the petitioner that in para-6 of the supplementary counter affidavit, names of the officers have been mentioned who were responsible for monitoring the construction of the said road, however, petitioner's name was not in that list. Against the order of punishment, petitioner filed an Appeal before the Governor of Jharkhand through proper channel vide his Memo of Appeal dated 21.12.2017.
4. After receiving Memo of Appeal, the Appellate Authority has not gone into the grounds of appeal nor considered any aspects under which the enquiry officer had dealt with the charges. There were several defects in the departmental enquiry, for example, neither any witnesses were examined; nor any documentary evidences were produced by the Presenting Officer. Ultimately, the appellate authority not at all considered all these grounds and confirmed the punishment order vide Memo No. 2061(S), dated 11.04.2019.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WtI7EHpxlYhLORHgS737Pio04oW%2BziUbDtQCsTzxHkU0&caseno=WPC/5739/2019&cCode=1&cino=JHHC010348752019&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
