SURESH SHARMA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The punishment of withholding/forfeiture of six months increment has been imposed in a Departmental Proceeding No. 133/2005 by the impugned order dated 10th January, 2006, Annexure-2 passed by Superintendent of Police, Hazaribagh bearing Memo No. 216.

(3.) The petitioner is aggrieved by the same on the grounds that the provisions contained in Rule 828(c) of Jharkhand Police Manual has not been followed. The Superintendent of Police issued the charge-sheet, Annexure-1 on 1st February, 2005 and after show cause reply submitted by the petitioner, he himself chose to inflict the order of punishment without recording any evidence through any officer subordinate to him not below the rank of Inspector. As per Rule 828(c), the petitioner has been denied opportunity to examine any witness and no material evidences were also produced as such. The procedure laid down under Rule 828(c) has therefore not been followed. As per the charge-sheet, Annexure-1 the petitioner was not taking enough interest at the place of posting at Bhadaninager. He was divulging secrets in the public in respect of his duty and he was found to have taken four days sick leave and eight days of leave within a period of 2 months. Thereafter, he had faltered to join after completion of his leave. When he submitted his joining on 9th November, 2005, his behavior has been rather abnormal and indulging in loose talks. Therefore, for such instances of indiscipline, lack of diligence, negligence and disobedience of orders he was placed under suspension and asked to show cause. Upon consideration of the petitioner's show cause the respondent, Superintendent of police found his reply satisfactory in respect of two charges, but in respect of rest of the charges, his behavior was not found to be proper reflecting indiscipline, negligence and lack of diligence and indifference. That is why he has been imposed with a punishment of forfeiture of 6 months increment which will not have effect upon future pay revision. Therefore, he would not be entitled to any full salary