RAMAWATAR PODDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking quashing of punishment order dated 7.3.2003 passed by the Regional Deputy Director of Education, Dumka, whereby besides warning, three annual increments were stopped with cumulative effect and it was ordered that the petitioner shall not get anything except subsistence allowance for the period of suspension as well as appellate order dated 23.8.2004, whereby the appeal filed by the petitioner against the punishment order dated 7.3.2003 was rejected.

(2.) The brief facts of the case arc that, the petitioner at the relevant time was posted as Head Master in -charge, Government Basic School, Dhanbai (Saraiyahat) and he was suspended on 24.7.2002. A departmental proceeding was initiated by Memo No. 875 dated 21.9.2002 and draft charge was communicated to the petitioner. By letter dated 13.12.2002, the petitioner was directed to appear before the Enquiry Officer on 19.12.2002 and accordingly, the petitioner appeared before the Enquiry Officer on 20th December, 2002. The charges framed against the petitioner and his replies are as under:

(3.) On conclusion of enquiry, a report was submitted on 7.2.2003, holding the charges proved against the petitioner and the enquiry report was supplied to the petitioner on 15.2.2003. The petitioner filed his second show -cause reply on 26.2.2003. The Disciplinary Authority passed the order of penalty dated 7.3.2003, whereby an order of (a) with -holding of stoppage of three annual increments with cumulative effect, (b) warning to the petitioner to be careful in future, and (c) entitlement for only subsistence allowance to the petitioner for the period of suspension, was passed. The petitioner preferred an appeal (Annexure8), which was dismissed vide order dated 23.8.2004. In the meantime, the petitioner approached this Court in W.P. (5) No. 4936 of 2003, which was dismissed with direction to the. Director, Primary Education, Jharkhand, Ranchi to dispose of the appeal of the petitioner within a period of two months and thereafter, a Contempt Case bearing Cont. (C) No. 499 of 2004 was also filed and in the proceeding of the said Contempt Case the appellate order dated 23.8.2004 was supplied to the petitioner. In the proceeding before the High Court an order was passed for payment of legal dues amounting to Rs. 1.72.885.00/ - to the petitioner. In the aforesaid facts, the petitioner has approached this Court by filing writ petition challenging the order of Disciplinary Authority as well as Appellate Authority.