DURYODHAN MAHTO Vs. STATE OF JHRKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The present writ petition has been preferred by the petitioner for quashing the entire departmental proceeding initiated vide Memo No. 2059 dtd. 24/6/2019.

(3.) The case of the petitioner lies in a narrow compass. While the petitioner was posted as District Superintendent of Education, Ramgarh during the period 2012-14, a complaint was made regarding illegalities and corruptions in construction of additional two rooms in Upgraded Urdu Girls High School, Chitarpur, Ramgarh. On enquiry it was found that there was no requirement of construction of two additional rooms. On the basis of the said finding, a departmental proceeding was initiated by framing a memo of charge contained in Memo No. 2059 dtd. 24/6/2019 (Annexure-2) under the proviso to Rule 43(b) of the Jharkhand Pension Rules. No show cause / explanation was asked from the petitioner after framing the memo of charge. However, after the enquiry report submitted by the Enquiry Officer on 26/6/2019, an opportunity of personal hearing was provided to the petitioner by letter dtd. 8/1/2021 by the Director, Primary Education, Jharkhand, whereby the petitioner replied that he is not guilty.