SUSHIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by order dated 17.12.2008 in W.P.(S) No. 713 of 2007 in and by which the challenge to the entire departmental proceeding including the enquiry report dated 18.05.2004, final order of penalty dated 27.06.2005 and the appellate order dated 10.01.2007 has been rejected, the appellant has preferred the present Letters Patent Appeal.

(2.) The brief facts of the case are that, the appellant was appointed on 20.05.1996 on the recommendation of Bihar Public Service Commission and he was posted as an Area Education Officer, Maheshpur. On a complaint made by one Mithilesh Kumar stated to be an office bearer of the association of primary teachers, a Memo dated 22.03.2003 was served upon the appellant whereunder, six charges were framed against him. On conclusion of the departmental enquiry, the enquiry report dated 18.05.2004 was submitted. Vide memo dated 23.08.2004, a second showcause notice was issued to the appellant to which he submitted his reply on 09.09.2004. By order dated 27.06.2005 the following penalties were imposed upon the appellant:

(3.) Challenging the final order dated 29.06.2005, the appellant approached this Court in W.P.(S) No. 4459 of 2005 which was disposed of by order dated 18.10.2005 with liberty to the appellant to approach the appellate authority. The appellant submitted his appeal memo dated 05.11.2005 before the Governor, the State of Jharkhand. As the appeal preferred by the appellant was not disposed of the appellant again approached this Court by filing W.P.(S) No. 1871 of 2006. The writ petition was disposed of vide order dated 22.06.2006 with a direction to the appellate authority to hear and dispose of the appeal within a period of two months from the date of receipt/production of a copy of the order. The appellant also filed Contempt Case (Civil) No. 596 of 2006 however, in the meantime his departmental appeal was rejected vide notification contained in Memo dated 10.01.2007 and therefore, the appellant approached this Court by filing W.P.(S) No. 713 of 2007 which has been dismissed by the impugned order dated 17.12.2008.