BRAHMESHWAR OJHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order as contained in memo No. 304 dtd. 31/7/2012 (Annexure-4 to the writ petition) passed by the respondent No.4 in Force Order No. 1528 of 2012 concerning Departmental Proceeding No. 16/2011 whereby the petitioner has been inflicted punishment of two black marks equivalent to withholding of one increment with non-cumulative effect as well as an amount of Rs.72,511.00 has been ordered to be recovered from him by deducting Rs.4,000.00 per month from his salary. Further prayer has been made for quashing the order as contained in memo No. 48 dtd. 8/1/2013 (Annexure-6 to the writ petition) passed by the respondent No.3 in Force Order No. 32 of 2013 whereby the appeal preferred by the petitioner has been rejected.

(2.) Learned counsel for the petitioner submits that the petitioner was appointed as a Constable in Bihar Military Police on 21/3/1986 in Muzaffarpur district of erstwhile State of Bihar and after bifurcation, he was allocated Jharkhand Cadre. At the time of filing of the present writ petition, he was posted at IRB-02, Chaibasa, Camp-Musabani, East Singhbhum. It is also submitted that an anonymous complaint was made before the respondent No.2 against the petitioner on 26/4/2011 alleging misappropriation of fund collected for medical expenses of injured Police Constable No. 275-Binod Ram. Subsequently, a complaint regarding the same was also made by Binod Ram himself before the respondent No.4. A preliminary enquiry was conducted by the Deputy Superintendent of Police, Jharkhand Armed Police-9, Sahebganj wherein the allegation made against the petitioner was found true. The petitioner represented against the said finding of the Deputy Superintendent of Police, JAP-9, Sahebganj, however, a departmental proceeding vide Departmental Proceeding No. 16 of 2011 was initiated against him and a chargesheet was served to him by the respondent No.4 vide memo No. 1027 dtd. 21/6/2011 alleging that he did not pay Rs.1.25 Lacs collected by the members of the Police Men's Association to the injured police, namely, Binod Ram which amounts to indiscipline and dereliction of duty. Thereafter, the petitioner filed reply to the said show cause notice on 30/6/2011 denying the charges levelled against him, however, the Deputy Superintendent of Police, Jharkhand Armed Police-9, Sahebganj being the enquiry officer submitted the report holding the petitioner guilty of the charges levelled against him.

(3.) It is further submitted that the respondent No.4 wholly relied upon the report of the enquiry officer and passed the impugned order of punishment of two black marks equivalent to withholding of one increment of the petitioner with non-cumulative effect as well as an amount of Rs.72,511.00 was ordered to be recovered from his salary. The respondent No.4 did not serve a copy of the enquiry report to the petitioner so as to provide him an opportunity to controvert the finding of the enquiry officer and straightway passed the impugned order of punishment dtd. 31/7/2012 which is violative of the principles of natural justice. Aggrieved with the said order, the petitioner preferred an appeal before the respondent No.3 which was registered as Force Order No. 32 of 2013, however, the same was also rejected vide the impugned order dtd. 8/1/2013. The petitioner thereafter filed memorial of appeal before the respondent No.2, however, he is not aware of the decision taken in the same.