PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:

Initially the petitioner has filed the petition seeking the following reliefs:

"(i) For issuance of an appropriate writ/s order/s, direction/s to the respondents to exonerate the petitioner in departmental proceeding which was initiated in July 2001 and has not been concluded till date though the petitioner had faced ordeal of departmental proceeding for 20 long years.

(ii) For issuance of an appropriate writ/s, order/s, direction/s to the respondents to take appropriate action upon the enquiry report submitted by respondent No 4 and approved by respondent No 3 in October 2003 itself so that justice may be done to the petitioner.

(iii) For issuance of an appropriate writ/s, order/s, direction/s to the respondents to start de novo enqury in case of the petitioner since no regular enquiry has been conducted and the petitioner was not granted opportunity to cross examine those complainants who alleged mal practice of the petitioner and basing upon which respondent No 2 is hell bent to harass him."

2 During pendency of the petition, Memo No 180 dated 25.03.2021 has been issued by the respondents whereby and where under the petitioner has been inflicted with the punishment of compulsory retirement from the services. Therefore, relief No (iv) has been incorporated by the petitioner through I A No 1 of 2021 after getting approval from this Court which is as follows:

(iv) For issuance of an appropriate writ/s, order/s, direction/s for quashing Memo No 180 dated 25.03.2021 issued by the respondents whereby and where under the petitioner has been inflicted with the penalty of compulsory retirement from his services." 3 The facts of the case are that the petitioner was posted as Project Executive Officer, Mohania, Kaimur from January, 1996 to March, 2000. As per the Government scheme, namely, Indira Awas Yojna, some construction was to be done under the Rural Works Department in the district of Kaimur and particularly in Block - Mohania by special order of the District Magistrate. The work of Indira Awas Yojna was alloted to the petitioner. In the month of March 2000, a complaint was made against the petitioner before the SDO, Mohania that he demanded commission from the beneficiaries of Indira Awas Yojna. It was further alleged that the petitioner has demanded Rs 1,800/- from some of the beneficiaries. On the basis of the said complaint, preliminary enquiry was conducted and on the basis of preliminary report, charge memo was prepared against the petitioner and departmental enquiry was initiated against him vide Memo No 976 dated 31.07.2002 (Annexure P/2). The Enquiry Officer, in his enquiry report (Annexure P/5), exonerated the petitioner from all the charges levelled against him. Without taking any appropriate decision upon the recommendation made by the Enquiry Officer, a report was called for from the District Magistrate, Kaimur, Bhabhua. In compliance of said, the District Magistrate sent his opinion (Annexure P/6). On the basis of said opinion sent by the District Magistrate, the proposal of major punishment was made to the petitioner and the file was sent for approval to the concerned Minister. Due to some technical grounds, the file was pending for approval. Various correspondences were made by the Department. Since, no decision was being taken by the respondents and de novo enquiry has been pending against him for the last 20 years, therefore, he preferred the writ petition in the year, 2021. During pendency of the writ petition, the impugned order (Annexure P/25) dated 25.03.2021 has been passed whereby the petitioner has been awarded the punishment of compulsory retirement from his services.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjQ3OSMyMDIxIzEjTg==-fBEfrasTYDU=

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