KISHUN GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the order dtd. 10/11/2014, passed by the Commissioner, Ranchi in Appeal under Rule 4 of the Bihar and Orissa Subordinate Services (Disciplinary and Appeal) Rules, 1935 against the order dtd. 8/1/2014, passed by the Deputy Commissioner, Simdega.

(3.) The fact of the case in brief is that petitioner was working as a Panchayat Sewak under Kurdeg Block, Simdega and had to follow the instructions of the concerned Block Development Officer. Pursuant to memo no. 63(ii/G.P., dtd. 29/6/2009, petitioner was suspended by the Deputy Commissioner, Simdega with immediate effect and Ms. Durga Kumari Sinha, Establishment Deputy Collector, Simdega was appointed Enquiry Officer. Thereafter, petitioner was served with copy of Charges in Form Ka without any enclosures mentioned therein and even after several communications, the same was never supplied to him. Thereafter, petitioner submitted his reply on 6/7/2009 denying the allegations levelled against him. In the meantime, after transfer of Enquiry Officer Ms. Durga Kumari Sinha, another District Panchayat Raj Officer namely Shashi Sekhar was appointed as Enquiry Officer and Ms. Preeti Kishku was appointed as Presenting Officer by order of the Deputy Commissioner, Simdega. Petitioner was asked to appear on 10/8/2009 along with its evidence and explanation before the Deputy Commissioner, Simdega. Petitioner filed the explanation dtd. 28/8/2009 before the Deputy Commissioner, Simdega vide Annexure-3 to the writ petition. Upon receipt of explanation, the Deputy Commissioner, Simdega, vide his order dtd. 15/12/2009, communicated to the petitioner by Memo No. 133(ii)/GP, dtd. 15/12/2009, revoked suspension order of the petitioner and he was transferred to Kurdeg Block. Petitioner made a request before the Deputy Commissioner, Simdega vide application dtd. 19/12/2009 for dropping departmental enquiry and for payment of arrears of pay and subsistence allowance for the period he remained under suspension but he was paid subsistence allowance only and arrears of pay was never paid to him leading to financial hardship to the petitioner. The Enquiry officer was again changed and pursuant to order dtd. 14/7/2010 of the Deputy Commissioner, Simdega, the enquiry was entrusted to Gandur Bhagat, Project Officer, MESO Area, Simdega. During the course of enquiry, the BDO, Kurdeg submitted additional charges in form Ka against the petitioner to the Enquiry Officer without order of the Deputy Commissioner, Simdega, which is illegal and improper. The related documents with charges was never supplied to the petitioner in spite of repeated request.