RAM PRITI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the entire departmental proceeding initiated against the petitioner vide resolution as contained in memo No. 4020(S)WE dtd. 17/7/2017 (Annexure-1 to the writ petition) issued under the signature of the respondent No.3. Further prayer has been made for quashing the resolution as contained in memo No. 1155(S) dtd. 12/5/2020 (Annexure-10 to the writ petition) issued under the signature of the respondent No.4 by the order of the Hon'ble Governor, Jharkhand whereby punishment of deduction of 10% pension for a period of 10 years has been imposed upon the petitioner. The petitioner has also prayed for quashing the notification as contained in memo No. 2569(S) dtd. 26/8/2021 (Annexure-12 to the writ petition) issued under the signature of the respondent No.4 by the order of the Hon'ble Governor, Jharkhand whereby the appeal preferred by the petitioner has been dismissed.

(2.) Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of Junior Engineer and he was subsequently promoted to the post of Assistant Engineer on 22/6/2013 from which he retired on 31/7/2017. A departmental proceeding was initiated against the petitioner vide the impugned resolution dtd. 17/7/2017 issued under the signature of the respondent No.3, a copy of which was served to him along with chargesheet in PRAPATRA 'K' containing four charges with respect to four separate projects alleging that while he was working as the Junior Engineer, Rural Development Department, Work Division, Daltonganj, had made wrong entry in the measurement book concerning the said four projects with a view to make more payment than the actual work done by the concerned contractors. Though the list of evidence along with the chargesheet was supplied to the petitioner, he was not supplied the report of the Superintending Engineer on the basis of which the 'Fact Sheets' with respect to the aforesaid four projects were prepared. The petitioner filed reply to the said chargesheet and thereafter the Enquiry Officer and Presenting Officer were appointed vide resolution dtd. 17/7/2017.

(3.) After retirement of the petitioner, the departmental proceeding initiated against him was converted into a proceeding under Rule 43(b) of the Jharkhand Pension Rules, 2000 [hereinafter referred to as 'the Rules, 2000'] vide order dtd. 2/7/2018 issued under the signature of the respondent No.4. The Enquiry Officer submitted the report holding that the petitioner was not found guilty of the charges levelled against him. So far as charge No.1 was concerned, the Enquiry Officer stated in the report that the allegation levelled against the petitioner could not be found true in view of the inspection report submitted by State Quality Monitor (S.Q.M) wherein no question had been raised on the entire work done and the same had been found to be satisfactory.