ARBIND KUMAR JAISWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has approached this Court for quashing the Notification contained in Memo No. 2229 dtd. 17/5/2017 (Annexure-6), whereby the petitioner has been awarded as many as five punishments, including stoppage of five increments with cumulative effect; not to be posted on higher post on in-charge basis; and not entitled for any payment other than subsistence allowance for the period of suspension. Petitioner has also prayed for quashing the order contained in Memo No. 3043 dtd. 22/8/2019, whereby review petition preferred by the petitioner has been rejected.

(3.) The facts of the case lie in a narrow compass. While the petitioner was posted as Executive Engineer, Drinking Water and Sanitation Division, Chakradharpur, charge-sheet contained in Notification No. 1305 dtd. 17/3/2016 was issued, whereby eight charges were framed in Prapatra'Ka'. Thereafter by issuance of another Notification No. 2840 dtd. 27/6/2016, three more charges were added. After due enquiry, the Enquiry Officer submitted its report on 14/2/2017, whereby charge Nos. 3, 5, 5(i) and 8 were not proved and rest of the charges were found to be proved. After issuance of second show cause notice and the same replied by the petitioner, punishments were imposed against the petitioner as aforesaid. Thereafter, the petitioner preferred review, but the same was also rejected by order dtd. 23/2/2018 (Annexure-9). Aggrieved thereby, the petitioner preferred W.P.(S) No. 1788 of 2018, which was disposed of by setting aside the review order and the matter was remitted back to the respondent-Authority to consider the revision afresh, as the reviewing order was only in one line. Thereafter the Reviewing Authority once again rejected the review petition preferred by the petitioner vide order contained in Memo No. 145 dtd. 22/8/2019 (Annexure-12).