NARENDRA PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has approached this Court seeking quashing of the enquiry report, notice dated 20.11.2003, second show -cause notice dated 25.11.2003 and orders dated 01.12.2003 and 26.02.2005. The brief facts of the case are that, by letter dated 28.10.1997, the petitioner was appointed as Clerk in the Civil Court, Gumla. On 25.09.2003, the District and Sessions Judge, Gumla directed the Judge Incharge (Administration), Civil Court, Gumla to conduct an enquiry into the incident in which a phone call was made to the District and Sessions Judge, at about 8.13 A.M. on 25.09.2003 by someone, impersonating himself as the Zonal Judge and directing him to transfer one Bipin Kumar from the office of Registrar. Besides other necessary details about the incident, the telephone number from which the call was made to the District and Sessions Judge was also mentioned in confidential letter No. 33 dated 25.09.2003. On 26.09.2003, a report was submitted to the District and Sessions Judge, Gumla stating that the Civil Court employee namely, Narendra Prasad Sinha had made the said telephone call to the residence of the District and Sessions Judge. The Judge Incharge had summoned the said employee (the petitioner here) and when asked him about the said misconduct, the petitioner admitted his guilt and tendered apology. The petitioner had infact, tendered a written apology dated 25.09.2003 admitting his guilt. A show -cause notice was issued to the petitioner on 20.11.2003 by the District and Sessions Judge, Gumla requiring him to submit his reply as to why a disciplinary action for misconduct, indiscipline and insubordination, be not initiated against him. The details of charges were also furnished to the petitioner. The petitioner submitted his reply on 24.11.2003 stating that in an unstable mental condition he had made such call to the residence of the District Judge. On 24.11.2003 the reply submitted by the petitioner was considered and it was ordered to dispense with further enquiry as contemplated under Rule 166 of Bihar Board Miscellaneous Rules. The petitioner was held guilty of the misconduct and therefore, it was ordered to issue second show -cause notice to the petitioner. On 25.11.2003, a second show -cause notice was issued to the petitioner to submit his reply to the proposed punishment of removal from service. The petitioner submitted his reply on 29.11.2003 and an order of punishment dated 01.12.2003 was passed removing the petitioner from service. The petitioner preferred an appeal which was dismissed by order dated 26.02.2005. In these facts, the petitioner has approached this Court by filing the present writ petition.

(2.) A counter -affidavit has been filed on behalf of the District and Sessions judge, Gumla, stating as under,

(3.) A rejoinder affidavit has been filed by the petitioner controverting the statements made in the counter -affidavits of the respondents.