BALMIKI RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner of this writ application filed under Article 226 of the Constitution of India is a retired Chief Head Warder, Jail. He seeks quashing of order dated 16.9.97 as contained in Annexure 10 by which the disciplinary authority has ordered for reduction of his pension. The petitioner also seeks quashing of the appellate order dated 8.6.98 contained in Annexure -12 by which his appeal against Annexure 10 has been rejected.

(2.) Petitioner was appointed as a Warder on 14.8.1956 and retired as a Chief Head Warder on 30.5.95. In September 1987, the petitioner was put under suspension followed by a charge -sheet containing charges that related to the period when the petitioner was posted at Bhagalpur just before his transfer to Hazaribagh. Petitioner submitted his statement of defence in due course. The suspension was revoked in September 1988. In course of departmental inquiry, petitioner was furnished with relevant documents including report made against him to the superior officers by Shri Deepak Ganguli, the then Assistant Jailor, Bhagalpur. Shri Ganguli was examined and cross -examined as a witness. After conclusion of the departmental inquiry the inquiry officer submitted his report as contained in Annexure -6 to the disciplinary authority.

(3.) Before any final order could be passed by the disciplinary authority petitioner filed a writ petition bearing C.W.J.C. No. 11965/93 for quashing of the entire departmental inquiry but during pendency of the said writ application an order dated 22.3.94 was passed by the disciplinary authority awarding a punishment of reduction of rank from Chief Head Warder to Head Warder with retrospective effect. The order of punishment was challenged in the pending writ application which was disposed of by this Court on 15.3.95 with a direction to the petitioner to file an appeal before the appropriate authority and the appellate authority was directed to dispose of the appeal by a speaking order within six weeks. During the aforesaid period petitioner was superannuated from service which led to another writ application wherein a dispute was raised regarding his date of birth. The order of superannuation was quashed by this Court on 18.1.95 and as a result the petitioner was reinstated in service as Chief Head Warder on 20.2.95. It appears that afresh order of punishment dated 28.4.95 was passed by which petitioner was reverted to the post of Head Warder. The petitioner challenged the order dated 28.4.95 through another writ petition bearing C.W.J.C. No. 84.82/95. The petitioner withdrew the second application and filed a contempt petitioner for disobedience of Courts order dated 15.3.95 passed in C.W.J.C. No. 11965/93. As are suit of order passed in contempt application, the appeal filed against punishment order was considered by respondent No. 3, Inspector -General of Police, Prisons and was rejected by order dated 25.5.96.