RAJENDRA SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application petitioner prays for quashing the order as contained in Memo no.3362 dated 26.11.1998 (Annexure-7) passed by respondent no.2 whereby the petitioner was departmentally punished and three punishments, i.e., (i)The period of alleged absence has been treated as leave without pay(ii)The pay and allowance has been fixed at the initial stage (iii)The allowance paid during suspension period is sufficient and nothing more will be payable, imposed upon him. Petitioner further prays for quashing the order as contained in Memo no. 513 dated 26.04.2002 ( Annerxure-8) issued by respondent no.2 whereby he gave direction to deduct Rs. 28,950/- from the salary of petitioner in 15 equal monthly installments.

(2.) Petitioner was initially appointed as Godown Chowkidar on muster roll by Bihar Police Building Construction Corporation ( herein after refer as BPBCC) on 13.09.1975 and his service regularized on 04.04.1980. It is stated that while petitioner was posted in Bhagalpur Sub-Divisional Godown as godown chowkidar, an F.I.R. lodged against him alleging therein that he alongwith others misappropriated government property. He was put under suspension with effect from 15.04.1982. Thereafter, a departmental proceeding initiated against him vide memo no. 6441 dated 29.11.1982. Petitioner filed his written statement, stating therein that on the date of occurrence he was not present in the head-quarter, as he had gone to see his ailing mother. It appears that on the basis of F.I.R., G.R. Case no. 669/1982 instituted and after trial petitioner was convicted under section 409/120B of the I.P.C. and sentenced to undergo R.I. for two years. It appears that against the aforesaid judgment of conviction and order of sentence, petitioner preferred an appeal bearing Criminal Appeal No. 01 of 1993 before Sessions Judge, Bhagalpur, which was allowed and the judgment of learned Judicial Magistrate set aside. Thereafter, Government preferred an appeal bearing Government Appeal No. 38 of 1997, whereas the B.P.B.C.C. filed revision bearing Criminal Revision No. 639/1996 before the Patna High Court, which were ultimately dismissed. Thereafter, departmental proceeding had been disposed of by respondent no.2 vide order dated 26.11.1998 (Annexure-7) and following punishment imposed upon the petitioner :

(3.) Petitioner further states that he joined in the Office of Executive Engineer, Ranchi Division of B.P.B.C.C. in compliance of Annexure-7. It further appears that while petitioner working in the office of Executive Engineer, Ranchi Division of the Corporation, another order purported to have been passed by respondent no.2 on 26.04.2002 was served upon him, whereby Respondent no.2 gave direction to deduct Rs. 28,950/- from the salary of petitioner in 15 equal monthly installments.