SHARWAN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) In the instant writ application the petitioner has prayed for quashing and setting aside the Office Order No. 26 dated 14.07.2012, whereby a major punishment has been imposed against this petitioner even when the enquiry officer in preliminary enquiry has exonerated the petitioner from the charges leveled against him.

(3.) The facts of the case as disclosed in the instant writ application lies in a narrow compass. The petitioner while he was working as a Forester during the period 2010-11 under the Social Forestry Range, Domchanch (Social Forestry Division, Koderma) an anomaly in official work was detected by the Assistant Conservator of Forest, Social Forestry Division, Koderma and a report was made to the Conservator of Forest, Hazaribagh by the Divisional Forest Officer, Koderma. On getting the report, the Conservator of Forest, Hazaribagh had constituted an enquiry committee comprising of two Assistant Conservator of Forest vide order dated 11.04.2011. Subsequently, the site inspection by the two Assistant Conservator of Forest was made on 18.04.2011 and 19.04.2011, and after getting the inspection report; the Conservator of Forest, Hazaribagh instituted the disciplinary proceeding and a charge-sheet was issued to the petitioner to which he filed a detailed reply and after completion of the entire departmental proceeding; the punishment was imposed upon the petitioner including recovery of amount amongst others. The petitioner filed an appeal before the appellate authority; who modified the order of punishment whereby, the recovery part has been deleted.