RAMESHWAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for quashing of Annexure-9 whereby Respondent No. 2 inflicted punishment of censure upon the petitioner and directed to recover Rs. 51,000/- from his salary.

(2.) It appears that at the relevant time, petitioner was posted as Nazir of Karra block. On 08.03.1990, he went to State Bank of India, Khunti, for encashment of salary, pension and other expenses of employees of Karra Block and he encashed Rs. 51,938.65 paise from Bank. Thereafter he was returning on a Jeep belonging to Karra hospital. In the way, Rs. 51,000/- kept in a cotton bag were looted by miscreants. It appears that in relation to aforesaid incident petitioner lodged a first information report in Karra police station. It further appears that later on petitioner was charge-sheeted vide Annexure-5 and a departmental proceeding initiated against him. It appears that initially Sri J. Toppo Executive Magistrate, appointed as enquiry officer and he after enquiry found that petitioner is guilty of dereliction of duty. However he exonerated him from other charges. Thereafter another enquiry held by Deputy Collector, Law Section and he held that petitioner is guilty for the charge of negligence of duty only.

(3.) It appears that initially Respondent No. 2 inflicting punishment of stoppage of two increments of petitioner and recovery of Rs. 51,000/- from his salary. Aforesaid order challenged by petitioner in C.W.J.C. No. 2769 of 1994 (R) and same was quashed on the ground that Respondent No. 2 had not applied his mind and inflicted punishment upon petitioner on being suggested by A.D.M. & Deputy Collector. However in that case liberty given to Deputy Commissioner, Ranchi (Respondent No. -2) to pass fresh order after considering all the materials available on record.