STATE OF JHARKHAND Vs. KISHORE KUMAR

JUDGEMENT

(1.) This Letters Patent Appeal is preferred against the order dated 12.02.2013, passed in W.P.(S) No. 2527 of 2006, allowing the writ petition by setting aside the order of punishment of dismissal of the respondent and directing the appellants to reinstate the respondent with continuity of service, seniority and benefit of pay revision and further directed the appellants to pay 50% of the back wages for the period for which the respondent remained out of service.

(2.) The respondent was appointed as an Assistant/Clerk in Collectorate, District Hazaribagh on 27.6.1983. On the charges of making forged signature of the Sub-Divisional Officer, Barhi, committing forgery in issuance of certified copies and disobeying order of higher officers during his deputation in the office of the Sub- Divisional Officer, Barhi and other charges, the respondent was suspended from service vide memo no. 543/Estt. Dt. 12.09.1995.

(3.) On the above charges, the respondent submitted his reply and being not satisfied with his reply, a departmental proceeding was initiated against the respondent and a criminal case was also registered against him vide Barhi P.S. Case No.43/1996. After the transfer of the first Inquiry Officer, the disciplinary authority appointed the second Inquiry Officer on 11.9.1998 ( Annexure-4 to the writ petition). The second Inquiry Officer submitted first enquiry report finding that the charges nos. 1 to 5 were not proved and charge nos. 6 & 7 related to the matter, which were subjudice due to pendency of the criminal case being Barhi P.S. Case No. 43 of 1996. The Disciplinary Authority being not satisfied with the enquiry report of the second Inquiry Officer had appointed another Inquiry Officer i.e. third Inquiry Officer to enquire into the matter afresh. The third Inquiry Officer submitted his enquiry report on 3.5.2001 ( Annexure-7 to the writ petition), in which the respondent was found guilty of the charges 1 to 3, 6 & 7 levelled against him. Based on the report of the third Inquiry Officer, the Disciplinary Authority after issuing the second show cause notice to the respondent, vide order dated 6.9.2002 (Annexure-1 to the appeal), passed the order of punishment dismissing the respondent from service.