NARENDRA CHOUDHARY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner has retired on 31.1.2011 from the post of Section Officer in Water Resource Department, Government of Jharkhand. He had joined service on 10.6.1980. The writ petition has been preferred by the petitioner challenging the order of Censure dated 2.1.2004, (Annexure-6) passed by the Secretary, Water Resource Department, Government of Jharkhand in a departmental proceeding initiated by the resolution No. 1019 dated 22.8.2001 (Annexure-4). He has prayed for grant of 2nd A.C.P. w.e.f. 10.6.2004 instead of 1.4.2005 and accordingly pay all the retirement benefits to him in the revised scale after setting aside of the order of Censure. Petitioner has also prayed for payment of arrears of salary for the period from 10.6.2004 to 31.1.2011 upon shifting of the date of 2nd A.C.P. Petitioner has also asserted at para 11 of the writ petition that he has preferred an appeal before the Secretary of the Department against the order of Censure on 31.1.2004, but no order has been passed till date. Such statement, however is not supported by any documents rather have been categorically denied by the respondents in their counter affidavit at para 14.

(3.) The respondents have filed their counter affidavit and stated that the departmental proceeding was initiated on charge of indiscipline and insensitiveness in making delay in putting up the concerned files with regard to appointment on compassionate ground against the petitioner by resolution dated 22.8.2001. After giving proper opportunity to the petitioner the punishment of Censure was imposed upon him by the impugned order at Annexure-6 dated 2.1.2004. It is the contention of the respondents that on account of imposition of punishment of Censure the benefit of 2nd A.C.P. was given w.e.f. 1.4.2005 as the order of Censure operated till 31.3.2005. It is further stated that the impugned order of Censure was passed after giving proper opportunity to the petitioner.