GAURI SHANKAR PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State as also learned counsel appearing on behalf of Jharkhand Police Housing Corporation Ltd. The petitioner has been imposed with the punishment of recovery of 9 lakhs from his salary; withholding of 3 annual increments with cumulative effect and that he would be paid only the subsistence allowance for the period of his suspension by the impugned order dated 13.12.2011(Annexure-6) contained in memo no. 8290 issued under the signature of Deputy Secretary, Road Construction Department, Government of Jharkhand.

(2.) The petitioner has been placed under suspension on 4.9.2009 vide memo no. 4515(s) annexed as Annexure-1 and remained as such till the impugned order of punishment was passed. He was proceeded against for certain charges which are enclosed as Form Ka in Annexure-2 of the writ petition. The charge no. 1 relates to preparation of estimates by dividing the work and bringing it within the value of Rs. 25,000/- which in total were equivalent to a sum of Rs. 27 lakhs and related to repairing work in certain sections of road under his jurisdiction as Executive Engineer, Road Division, Gumla; charge no. 2 related to the allegation that amount were paid for WBM grade III work, which on inspection were found not to have been executed; charge no. 3 states that morem work was found to be of inferior quality and also not executed at many places in the roads under repair; charge no. 4 related to the expenditure of 27 lakhs of certain departmental work without any purchase of materials or engagement of labour for the said work. The aforesaid acts amounted to gross irregularity on the part of the petitioner, who was in the capacity of Executive Engineer under Road Construction Division, Gumla.

(3.) According to the petitioner the Inquiry Officer, after conclusion of the inquiry did not found any of the charges to be established against him. Petitioner was served with second show cause notice vide Annexure-4 on 7.9.2011 allegedly containing the reasons for differing with the opinion of the inquiry Officer, issued under the signature of Deputy Secretary, Road Construction Department asking him to reply as to why he be not punished for the aforesaid charges. The petitioner's reply is at Annexure-5 dated 20.9.2011 and after consideration of his reply the impugned order of punishment has been passed contained in notification no. 8290 S, Ranchi dated 13.12.2011.