HIRALAL MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dtd. 22/6/2020 passed in W.P.(S) No. 5803 of 2012 by the learned Single Judge of this Court whereby and where under the order dtd. 17/1/2012 passed by the respondent no.2 as also the Office order contained in memo no. 358 dtd. 15/2/2010 has been refused to be interfered with while disposing of the writ petition.

(2.) Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under:-

(3.) It appears that the writ petitioner was posted as Science Teacher and was holding the post of Head Master in the capacity of In-charge. He was proceeded departmentally for not spending the money which has been earmarked for expenditure of " Sarva Siksha Abhiyan". Altogether 7 allegations have been leveled in the charge. As per the fact only one charge being charge no.1 has been proved by the Inquiry Officer. So far as other charges are concerned, the charges were not found to be proved. The authority on acceptance of finding so far as Charge No.4 is concerned, which is found to be proved by the inquiry officer, has imposed punishment of stoppage of one annual increment vide order dtd. 15/2/2010. The writ petitioner carried the said order to the appellate authority. It appears that when the appeal was pending the writ petitioner had approached this Court by filing writ petition being W.P.(S) No. 5144 of 2011 for a direction to dispose of the appeal filed by the petitioner and fix the pension. The appellate authority, therefore, passed the order dtd. 17/1/2012 but affirming the order dtd. 15/2/2010. The writ petitioner being aggrieved with both the orders had again filed writ petition no. 5803 of 2012. The said writ petition was disposed of but without interfering with the order of the punishment against which the present appeal.