RAMASHISH ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents.

(2.) The petitioner, in this writ application, has challenged the order dtd. 27/11/2015, as contained in Notification No. Nig/Sara (Path)-02- Vi.Ka.-05-157/2014-7991 (S), whereby the major penalty has been inflicted upon him reverting him to the lowest stage in a time stage. Further prayer has been made to quash the appellate order dtd. 19/7/2016, whereby the Appellate Authority dismissed the departmental appeal, preferred by the petitioner.

(3.) The petitioner was the Executive Engineer, Road Construction Department, Road Division, Simdega. Some construction work was undertaken under his regime. Thereafter, some defects were found in the construction work. Some action was proposed to be taken against the Contractor. It was found that the Bank Guarantees, which was furnished by the Contractor, got lapsed. The Department alleged that due to inaction on the part of the petitioner, the Bank Guarantees lapsed. A preliminary inquiry was held and, thereafter, it was decided to proceed against the petitioner departmentally. Charge sheet was issued against the petitioner, wherein it was alleged that the petitioner was responsible for lapse of the Bank Guarantees, amounting to Rs.2,09,11,000.00. The charge sheet is marked as Annexure-4 at page-37 to 39 of this petition.