PRAYAG DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has challenged the penalty order contained in Memo No. 3373 dtd. 6/12/2008 (Annexure-5) whereby punishment of censure has been inflicted upon the petitioner for the financial year 2006-07. Challenge has also been thrown to the appellate order dtd. 9/10/2015 (Annexure-9) rejecting the appeal of the petitioner.

(3.) As per factual matrix, the petitioner was appointed on the post of Assistant Engineer (Civil) on 6/9/1973 in the Water Recourse Department. While the petitioner was holding the post of Executive Engineer, Planning and Investigation Division No.III at Ranchi, a show cause notice, on the basis of the letter issued by the Superintending Engineer, Planning and Investigation Circle, Ranchi, was issued on 22/11/2006, making allegation against him as to why a departmental proceeding be not initiated against him for not singing the enquiry report of the flying squad though it was signed by his other three colleagues. The petitioner replied the show cause notice explaining on one or the other grounds, the charge was absolutely baseless and he was fit to be exonerated of the charges. However, the Superintending Engineer, Planning and Investigation Circle, reported by letter dtd. 12/7/2007 that he never made any allegation against this petitioner. Thereafter, without initiation of departmental proceeding, punishment of Censure was inflicted upon the petitioner to be entered into the financial year 2006-07. The appeal preferred by the petitioner was also dismissed by the appellate order dtd. 9/10/2015. Having no option left, the petitioner approached this Court.