MANOJ KISHORE RUKHAIYAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The present writ petition has been filed for quashing the penalty order dtd. 5/11/2015 contained in Memo No. 1376 (Annexure-7), whereby the petitioner has been reverted back to lower post i.e. from the post of District Sub-Registrar to the post of Sub-Registrar.

(3.) Shorn of unnecessary details, the material fact of the present writ is that while the petitioner was posted as District Sub-Registrar. Koderma, charge-sheet, containing as many as eight charges, was served upon the petitioner under Rule 55 of the Jharkhand Civil Services (Classification, Control and Appeal) Rules, 1930 to the effect inter alia that the petitioner has given approval for registration of land measuring 427 acres, which are not in existence, situated in Domchanchan Circle on the basis of forged and fabricated documents and identity and thereby, he was also put under suspension by issuance of notification dtd. 3/4/2014. On the basis of said charges, a departmental proceeding was initiated by appointing enquiry officer directing the petitioner to appear before the enquiry officer to put forth his defence. Thereafter, the petitioner submitted his reply to the memo of charge. Enquiry Officer after delving into the matter proved the charges, except charge no.6 against the petitioner. Second show cause notice was also issued on 10/8/2015 to the petitioner mentioning the proposed punishment, which the petitioner replied on 26/8/2015. The Disciplinary Authority issued the punishment order reverting the petitioner from the post of District Sub-Registrar to the post of Sub- Registrar. It is stated that the said punishment order dtd. 5/11/2015 has also been approved by the Hon'ble Chief Minister of the State on 20/7/2017. Aggrieved by the penalty order, the petitioner has knocked the door of this Court.