DINESH PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court seeking quashing of order dated 24.12.2012 whereby an order of punishment, "withholding six increments with cumulative effect, and no promotion to the petitioner in future", has been passed.

(2.) The brief facts of the case are that, the petitioner joined on deputation in the year, 2005 as junior engineer and by order dated 30th June, 2011 he was put under suspension. Charge Memo dated 20th September, 2011 was served upon the petitioner on the allegation that he was negligent in supervision of the work in the construction of bridge over south Koel river. Earlier the petitioner had moved this Court challenging order dated 30th June, 2011 whereby, the petitioner was put under suspension and the writ petition was disposed of by order dated 28.8.2012 with a direction to the respondents to expedite the departmental proceeding against the petitioner preferably within a period of six months. The order dated 24.12.2012 has been passed by the Deputy Secretary, Rural Development Department, Government of Jharkhand whereby the penalty as noticed above has been imposed upon the petitioner. Being aggrieved by the penalty order, the petitioner has approached this Court by filing the present writ petition.

(3.) A counter-affidavit has been filed in which it has been stated that the petitioner was to supervise the work of the super structure and the quality of super structure work was found poor by the two enquiry committees. The petitioner did not submit quality control report nor any documentary evidence indicating that proper supervision was done by the petitioner. It has further been stated that a First Information Report was lodged against the petitioner being Gumla P.S. Case no. 267 of 2011 under Sections 467, 468, 471, 472, 420, 409 & 120(B) of the Indian Penal Code.