GHANSHYAM JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has inter alia prayed for the following reliefs:

(2.) The facts of the case briefly stated is that petitioner was appointed as an Assistant Geologist in the Directorate of Geology, Department of Mines and Geology, Government of Bihar in 1999. On the merger of the Directorate of Mines with the Directorate of Geology, the petitioner was designated as Assistant Mining Officer/Mineral Development Officer. He was posted in such capacity in the district of Sheikhpura on 20.2.2006 and remained there until his transfer on administrative grounds vide memo No.2070 dated 10.9.2007. According to the petitioner, he had performed his duties to the satisfaction of all seniors and no complaint was made against him. It is his case that during his tenure the revenue collection in the district of Sheikhpura increased manifold during financial year 2006-07 and was 130 % of the annual target. It is the case of the petitioner that he generated royalty up-to 10 times than his predecessors. It is further his case that the revenue collection in the first and second quarter in the financial year 2007-08 was enhanced to 393 lacs and for which he got letter of appreciation on 19.4.2007 from the Commissioner-cum-Secretary, a copy of which is enclosed at Annexure-1. It is his case that within two months of receiving such appreciation that he was served with the show cause notice by the District Magistrate, Sheikhpura bearing letter No. 1238 dated 20.6.2007 asking him to explain why no criminal case was filed against the owners of illegal crushers and other violaters. A copy of the show cause notice is placed at Annexure-3. The petitioner filed his reply on the same date i.e. 20.6.2007 present at Annexure-4 and he explained that he is neither an authority under the Explosive Substance Act for instituting case against the violaters thereof and even the criminal case had to be lodged at the instance of other authorities.

(3.) According to the petitioner, this irritated the District Magistrate and who shot a letter dated 3.7.2007 present at Annexure-5 charging the petitioner with submitting misleading facts. The petitioner was also charged with not explaining as to the action taken by him against the violaters and the mining mafias. The explanation of the petitioner for not taking action under the Explosive substance Act was also held untenable because he himself had forwarded the file relating to grant of licence. The petitioner again filed his reply vide Annexure-6 and which was met with the third show cause charging the petitioner of leaving the headquarters without permission vide Annexure-7 dated 8.8.2007. The reply of the petitioner is at Annexure-7/1 dated 9.8.2007 and when he was asked to explain by the District Magistrate vide letter dated 20.8.2007 as to what action has been taken by him against lessees who had not deposited the money. The petitioner soon thereafter was transferred to Patna on administrative grounds vide order bearing no.2070 dated 10.9.2007 placed at Annexure-10. By a subsequent order passed on the same date i.e. 10.9.2007 present at Annexure-11 the petitioner was directed to handover the charge to the Sub Divisional Officer within 12 hours. According to the petitioner, the District Magistrate was not yet satisfied and he recommended for action against the petitioner vide his letter dated 9.9.2007 addressed to the Principal Secretary, Mining and Geology Department, Government of Bihar present at Annexure-12/1 and acting thereupon, a show cause notice was served on the petitioner by the Principal Secretary on 21.9.2007 placed at Annexure-12. The petitioner filed his reply to the show cause denying all allegations present at Annexure-13. The petitioner was thereafter put under suspension vide order bearing No.2342 dated 12.10.2007 present at Annexure-14. The petitioner questioned the suspension order before this Court in C.W.J.C.No.15049 of 2007 and since no charge memo had been served on the petitioner despite lapse of three months, as mandated under Rule 9(7) of the Bihar Government Servant (Classification Control and Appeal) Rules, 2005 (hereinafter referred to as 'the Rules') that the order of suspension was quashed by this Court vide judgment and order dated 12.2.2008 placed at Annexure-16.