MANOJ KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant who was employed with Jharkhand Police faced the departmental enquiry on the charge that he made dishonest withdrawals for the months of March 2009, September 2009, October 2009, November 2009 and January 2010 while he was retaining official accommodation. In the Departmental Proceeding No. 169 of 2010, three witnesses were examined by the department to establish the charge of dishonest withdrawal of house allowance by the appellant. The enquiring officer submitted a report on 11/8/2010 rendering an opinion that the delinquent employee appears to be guilty of committing the charged misconduct. The disciplinary authority issued second show-cause notice on 30/9/2010 providing an opportunity to the appellant to put forth his defence, why he be not dismissed from service. By an order dated 19 th October 2010, the disciplinary authority awarded punishment of dismissal from service with further stipulation that the delinquent employee shall not be entitled for full pay and allowances except the subsistence allowance which was paid to him during the period of suspension. The appeal filed by the appellant was dismissed vide order dtd. 7/5/2011.

(2.) By an order dtd. 6/11/2015 the writ Court dismissed W.P.(S) No. 5406 of 2012 observing as under:

(3.) Mr. Suresh Kumar, the learned SC (L&C)-II assisted by Mr. Ashish Kumar Shekhar, the learned vice-counsel, would submit that in a properly constituted departmental enquiry finding of misconduct has been recorded against the appellant and while so no interference with the writ Court's order is warranted.