BIFAN RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Jai Shanker Tripathi, learned counsel appearing for the petitioner and Mr. Ashish Kumar Shekhar, learned counsel appearing for the respondents. PRAYER

(2.) The writ petitioner has prayed for quashing notification dtd. 13/10/2010 (Annexure-1 to the writ petition) whereby and whereunder he has been dismissed from service whereas petitioner retired on 31/7/2010 itself. Petitioner has further prayed for a direction upon the respondents to give consequential benefits and payment of due salary for the period from 1/4/2005 till 31/7/2010 and also for a direction upon the respondents to give all dues as ACP, Gratuity, Pension, LIC. etc. FACTS OF THE CASE

(3.) As per factual matrix, petitioner was appointed as a Welfare Officer on 7/6/1974 and retired from the post of block Welfare Officer, Latehar on 31/7/2010. While posted at Chiniya Block, Barhwa in the year 2002 .. 03 and 2003 .. 04, petitioner had disbursed money to various NGOs through Cheque Book. It has been alleged that petitioner had misappropriated an amount of Rs.41,73,945.00 relating to construction of Birsa Awas and as such he was dismissed from the service on 11/10/2010. A Certificate Case was lodged by the respondents on 17/9/2007 vide Letter No. 3129, dtd. 26/12/2007. Simultaneously, petitioner was proceeded departmentally vide Letter No. 551, dtd. 23/6/2008. It was stand of the petitioner that since he was not provided with relevant papers, he was not in a position to defend his case. Petitioner made several representations for payment of salary, increment but no heed was paid to the same. In the departmental proceeding, the enquiry officer found the petitioner guilty of the charges and as such, under Rule 55 of Civil Services (Classification, Control and Appeal) Rules, petitioner was dismissed from the service and under Rule 49(4) and 97 of the said Rule, it was directed to recover and adjust the amount from his salary and other benefits. Challenging the same, instant writ petition has been preferred by the petitioner. ARGUMENTS ADVANCED ON BEHALF OF THE PETITIONER