JAGDISH CHOUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by petitioner against the notification No. 1954 dated 19th October, 2001 whereby and whereunder the petitioner has been dismissed from service. It has also been mentioned that the petitioner shall not get any amount for the period of suspension except the subsistence allowance,

(2.) THE brief case of petitioner is that he was suspended vide order No. 9 dated 25th June, 1998 by the State of Bihar. A Departmental proceeding, thereafter, was initiated by the State of Bihar vide Resolution No. 1999 dated 10th July, 1998. The petitioner filed show -cause reply denying the allegations and attended the proceeding. The Enquiry Officer submitted enquiry report some time in 1999 (vide Annexure 8) but thereafter no final order was passed.

(3.) IT appears that the petitioner produced the order of the Court before the Deputy Secretary, Water Resources Department, Government of Bihar, Patna though he had no jurisdiction. The State of Bihar thereafter forwarded a copy of enquiry report to the petitioner. On receipt of reply the State of Bihar also took opinion of the Bihar Public Service Commission. Patna. The Bihar Public Service Commission, Bihar, Patna by its letter dated 9th June, 2001 suggested to inflict punishment of reduction to the lowest grade. On receipt of such opinion the State of Bihar issued notification No. 1954 dated 19th October. 2001 and dismissed the petitioner from service. 2002 (1) JLJR 697. In the said case, this Court held that in respect of the officials serving in the territories now forming the State of Jharkhand, the competent authority to impose any penalty would be Government of Jharkhand or the officers of the Jharkhand and not the Government of Bihar or the officers of Bihar even if the subject -matter of the charge -sheet relates to a period of time prior to 15th November, 2000.