UMESH PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant application has been preferred by the petitioner praying for quashing and setting aside the order dated 03.11.2014 as contained in Resolution No.10629 (Annexure-4) whereby the reply of the second show-cause notice given by the petitioner has been rejected and the punishment of withholding of two increments with cumulative effect has been awarded to the petitioner on the ground that no fresh evidence has been brought up by the petitioner in the second show-cause notice. It has also been prayed for a direction upon the respondent authority to grant all the increments due to the petitioner before passing of the order of punishment dated 3.11.2014 and also to consider the case of the petitioner for promotion on the post of Deputy Secretary as well as the Joint Secretary since the other persons who were similarly placed with the petitioner were already granted promotion on the post of Deputy Secretary way back in the year 2009 as well as on the post of Joint Secretary way back in the year 2013.

(3.) From record, it appears that the petitioner had earlier filed a writ petition being W.P.(S) No.3067 of 2011, for quashing the order of punishment as contained in memo no.1192 dated 05.03.2011, whereby punishment has been imposed against the petitioner for withholding four increments with cumulative effect. This Court vide its order dated 21.03.2014, quashed the aforesaid punishment order by holding as under:- "Having regard to the aforesaid legal position, the impugned order of punishment of imposition of major punishment of withholding of 4 increments with cumulative effect alongwith the order directing that the petitioner would not be considered for promotion for a period of 4 years from when it is due to him is therefore unsustainable in law as well as on facts. Accordingly, the impugned order dated 05.03.2011 is quashed. However, the respondents are at liberty to proceed with the departmental proceeding from the stage of serving the copy of enquiry report along with second show cause notice to the petitioner while taking a decision in the matter in accordance with law. The writ petition is allowed in the aforesaid manner".