STATE OF JHARKHAND Vs. JAISHREE JHA

JUDGEMENT

(1.) The State of Jharkhand has preferred this Letters Patent Appeal challenging order dated 21.02.2013 passed in W.P.(S) No. 2431 of 2012 whereby, the final order dated 19.04.2012 has been quashed with cost of Rs. 60,000/-.

(2.) The respondent herein (the writ petitioner) was appointed in the State Administrative Service. She was posted as Block Development Officer in Bero Block during the period between 14.08.1988 and 07.11.1990. A show-cause notice was issued to her on the allegation of committing irregularity and non-adjustment of funds while she was posted in Bero Block. She was put under suspension on 08.03.1996 and a charge-memo dated 2 17.04.1996 was served upon her in which various charges of financial irregularity were framed. On 23.09.1996, an enquiry officer was appointed however, as the presenting officer did not turn up during the enquiry proceeding for about one year, the enquiry officer showed his inability to continue and conclude the proceeding. On 23.09.1997, the Divisional Commissioner, Patna was appointed as conducting officer. He held the proceeding on five different dates between 01.01.1998 to 07.05.1998 however, inspite of notices sent to the department, neither the presenting officer appeared nor the department produced any evidence or witness. On 07.05.1998, the enquiry officer submitted an interim report recommending that the suspension order may be revoked however, the enquiry may proceed. On 31.08.1998, another enquiry officer was appointed who conducted the proceeding on as many as sixteen different dates. Neither any witness was examined nor any document was exhibited on behalf of the department and the presenting officer also appeared on few dates only. On 30.10.2001, the presenting officer was directed to present written submission and on the same day, the enquiry proceeding was closed. An enquiry report dated 23.10.2002 was submitted finding all the charges, except charge no. 5 (a), proved. The petitioner approached this Court in W.P.(S) No. 1367 of 2003 challenging the entire departmental proceeding and the enquiry report which was submitted on 3 23.10.2002. Thereafter, a second show-cause notice was issued to the respondent on 29.08.2006, to which the respondent submitted her reply on 16.09.2006. However, no final order was passed. During the pendency of the writ petition, the final order dated 01.03.2007 was passed imposing punishment of "censure" and withholding three annual increments.

(3.) The learned Single Judge allowed the writ petition filed by the respondent herein and quashed the final order dated 01.03.2007. The State of Jharkhand preferred Letters Patent Appeal being L.P.A. No. 103 of 2012 which was disposed of by order dated 28.03.2012 modifying order dated 06.01.2012 to the extent that the department was granted liberty to pass a fresh order, in accordance with law. By order dated 19.04.2012 "a penalty of censure" has been inflicted upon the respondent. Aggrieved, the respondent approached this Court in W.P.(S) No. 2431 of 2012 which has been allowed by the impugned order dated 21.02.2013.