GAURAV KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner, in this writ petition, has prayed for quashing the letter dtd. 18/10/2017 as contained in Memo No. 588 (Annexure 5) issued by the respondent No. 2, whereby the services of the petitioner has been terminated. Petitioner has further prayed to direct the respondents to reinstate the petitioner on the post of Assistant Clerk.

(2.) Petitioner was appointed as a Clerk on compassionate ground on 13/6/2015. The petitioner was arrested by the ACB on 10/7/2017, thus, he was suspended in terms of Rule 99 of the Jharkhand Service Code. Vide order dtd. 17/7/2017 as contained in Memo No. 438 (Annexure 2), the petitioner was put under suspension and it was directed that he will only be entitled to subsistence allowance. Be it noted that against the petitioner, Hazaribagh ACB Police Station Case No. 27 of 2017 was initiated under Ss. 7 and 13(ii) of the Prevention of Corruption Act for allegedly demanding and accepting illegal gratification for the purpose of construction work of drain. On 20/9/2017, petitioner was granted bail. The petitioner gave his joining on 14/10/2017, but, the impugned order was passed intimating that as his services were not satisfactory, it was decided to relieve him from duty. Be it noted that at the time of relieving the petitioner, he was under probation.

(3.) Counsel for the petitioner argues that the order is stigmatic and he has been removed only on the ground that he was arrested and got involved in a criminal case on the allegation of accepting bribe. It is his case that without initiating any departmental proceeding, his services could not have been terminated.