BABUNAND PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The instant writ application has been preferred by the petitioner praying therein for quashing the entire departmental proceeding and the order of punishment dtd. 22/9/2015 (Annexure-7); whereby the petitioner has been dismissed from service and an order of recovery of Rs.18,28,557.00 has been passed. The petitioner has further prayed for his reinstatement in service with full back wages and other consequential benefits.

(3.) The facts giving rise to the instant writ application are that while the petitioner was posted as Forest Range officer, Koderma, the Deputy Secretary of State of Jharkhand issued Memo No.881 dtd. 6/4/2009 against this petitioner and it was decided to proceed with a departmental proceeding against this petitioner under Rule 55 of Civil Services (Classification, Control and Appeal) Rules. It is the case of petitioner that he received only the copy of Memo dtd. 6/4/2009 issued by the Deputy Secretary, Forest and Environment Department, Government of Jharkhand and therefore, he immediately informed the department about non supply of charge sheet and the supporting documents. Thereafter, the Inquiry Officer handed over the memo of charge to this petitioner; however, no list of documents and/or witnesses was provided to him The further grievance of the petitioner is that though he repeatedly demanded for the list of documents mentioned in the charge-sheet but he was never provided, inasmuch as, he was forced to write a letter to the government and pursuant to that the Government vide its letter dtd. 11/3/2011 instructed the Inquiry Officer to supply the documents.