JANESHWAR PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed on behalf of the Petitioner praying for quashing of the order dated 30.11.2004 (Annexure 7) passed by the Respondent No. 4, the disciplinary authority by which the Petitioner has been awarded punishment by way of stopping of increments for one year and making to two black marks. He has further prayed for payment of salary of suspension period.

(2.) In a -nutshell, it is alleged in the petition that the Petitioner was asked to be present at 5.30 by the station officer of the P.S in the morning to accompany him in connection with the supervision of Booth where the election was to be held during the course for the day. Petitioner refused to accompany the station officer and he had stated that he was tired and he could not accompany the station officer. He also abused the driver of the vehicle who was to go with the station officer on duty. Departmental proceedings were initiated against the Petitioner in which he was awarded the punishment as aforesaid. In appeal the order of punishment was confirmed by the appellate authority (Respondent No. 3).

(3.) Learned Counsel for the Petitioner pointed out that the enquiry officer was appointed by the disciplinary authority to make enquiry and the enquiry officer after recording the entire evidence, exonerated the Petitioner from charges. Thereafter, the disciplinary authority considered the case of the Petitioner and disagreeing with the findings of the enquiry officer, awarded the punishment to the Petitioner. He further pointed out that the disciplinary authority did not indicate reasons by which he differed with the findings of the enquiry officer nor any notice was also given to the Petitioner after recording his reasons and he was straightway awarded the punishment by the departmental authorities. Learned Counsel for the Respondents refuted the contentions.