SHYAM KANT KARTIKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the charge-sheet initiated vide Memo No. 1629 dated 15th March, 2000 and a notice dated 4th May, 2001 issued by Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Dinar, Patna whereby he was asked to second show cause why he be not punished, the charge Nos. 1, 2, 4, 5, 6, and 7 having found proved against him.

(2.) This case has been preferred by petitioner with his address at Bokaro and the pleading so made as if the petitioner is posted in the territory of Jharkhand and all the cause of action taken place in the State of Jharkhand, but the penal order has been passed by the State of Bihar.

(3.) This Court vide interim order dated 28th May, 2001 directed the Engineer-in-Chicf-cum-Additional Commissioner-cum-Speeial Secretaiy, Road Construction Department, Government of Bihar, Patna not to pass final order in pursuance of the departmental proceedings in question. Later on, when it came to the notice of the Court that the charge-sheet was issued from Patna, an officer posted at Patna was made the enquiry officer, another officer posted at Patna was made the presenting Officer and the show cause notice was issued from Patna, to know the fact whether the petitioner is posted at Patna or not, this Court directed the parties to file supplementary affidavit/counter affidavit and state the headquarter of petitioner where he is posted during his suspension with a view to determine the territory in which the cause of action taken place. The State of Jharkhand was also directed not to pass any final order without prior permission of the Court.