VIJAY SHANKAR THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE only question involved in this case is whether the order of punishment passed by the disciplinary authority is based on 'no evidence' and therefore, it is perverse and liable to be quashed. The petitioner has challenged order dated 23.06.1998 by which he has been dismissed from service and order dated 30.06.2001 whereby the appeal preferred by the petitioner has been rejected.

(2.) THE petitioner was appointed to the post of Clerk on 07.06.1984 in the office of Special Land Acquisition Officer, Hazaribagh. A Vigilance Case No. 17 of 1994 was registered under Section 7 of the Prevention of Corruption Act against the petitioner. The petitioner was arrested and he was put under suspension on 14.07.1994. An Enquiry Officer was appointed who issued show -cause notice to the petitioner on 17.05.1995 requiring him to submit his defence by 31.05.1995. The petitioner submitted his reply specifically denying the charge of taking bribe. He submitted that in January, 1993 he was transferred from Deoghar to the Office of Special Land Acquisition, Medium Irrigation Project at Hazaribagh and he has been working in the said office since then and therefore, he is not responsible for any irregularity committed in the office of Special Land Acquisition, Tenughat Project, Hazaribagh during 1994. Since he was not posted at Tenughat Project, Hazaribagh, therefore, he could not have dealt with the record relating to village Nawadih and he could not have asked for any bribe for payment of compensation to the land owners. In support of his defence the petitioner produced a letter/certificate dated 26.07.1994 issued by Special Land Acquisition Officer, Hazaribagh certifying that the petitioner after joining the office of Special Land Acquisition, Medium Irrigation Project, Hazaribagh has been working there and he has not been posted to any other office / place since his posting there. It was further certified that one Sri Chandra Kant Singh is the incharge of record relating to Bhairwa Reservoir who is posted in the office of Special Land Acquisition Officer, Tenughat Project, Hazaribagh.

(3.) BY letter dated 24.11.1997, the petitioner was issued a second show -cause notice requiring him to submit his reply as the government had decided to dismiss him from service. The petitioner submitted his reply dated 23.12.1997 and by letter dated 23.06.1998, the petitioner was dismissed from service. The petitioner thereafter, preferred appeal which was also dismissed by order dated 30.06.2001 and therefore, the petitioner has approached this Court by filing the writ petition.