BRAJ SHANKAR PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The writ petitioner had originally come before this court in the main writ application seeking quashing of the departmental resolution contained in Memo No. 605 dated 4th of February, 2008 by which a department proceeding had been initiated against him under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1930. However, the petitioner has preferred interlocutory application being I.A. No. 3472 of 2012 inter alia seeking amendment in the main writ application by incorporating the prayer made in the instant I.A. which is being pressed today. The petitioner is aggrieved as number of inquiry officers have been appointed during the course of the department proceeding and by Memo dated 28th of July 2012, third inquiry officer has been appointed for conducting the departmental proceeding against the petitioner which has been initiated against him more than four and half years ago. He has also made a prayer that, in the alternative, respondents be directed to conclude the department proceeding within a specified period.

(2.) Although, respondents have appeared and filed their counter affidavit in the main writ application, but it appears that the departmental proceeding initiated against the petitioner by resolution dated 4th of February, 2008 has not been concluded as yet.

(3.) The petitioner who is a member of the Jharkhand Administrative Service Cadre, has been proceeded against on account of the charges in the instant departmental proceeding for the period he was working as Circle Officer in Shikaripara Circle in the district of Dumka. At present, the petitioner is posted as Executive Magistrate, Ghatshila and according to him, he is supposed to superannuate on 31st of January, 2014. It is the grievance of the petitioner that the matters of his promotion are being affected on account of the pendency of the instant departmental proceeding. Having heard learned counsel for the parties, in the facts and circumstances of this case, this court deems it proper to direct the respondents to conclude the departmental proceeding pending against the petitioner as expeditiously as possible and preferably within a period of twelve weeks from the date of receipt/production of a copy of this order.