ARJUN RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE writ petition was initially preferred by the petitioner against the letter, contained in Memo No. 166, dated 14th February, 2004, whereby and where under, one Executing Magistrate -cum -Equiry Officer, Giridih asked the petitioner to appear for fresh enquiry. The petitioner has also challenged the order dated 8th June, 2004, whereby the said Enquiry Officer has asked the petitioner to appear and submit show cause reply.

(2.) THE main plea taken by the petitioner is that he having already been exonerated by the Enquiry Officer, after second show cause stage, it was not open to the disciplinary authority to appoint another Enquiry Officer to conduct fresh enquiry.

(3.) AS the case can be disposed of on a short point, it is not necessary to discuss all the facts except the relevant one. While in service, the petitioner was suspended by an order issued vide Memo No. 173, dated 5th September, 1999. A departmental proceeding was initiated and charge -sheet was communicated, vide Memo No. 110, dated 30th May, 2001. Altogether 8 (eight) charges were levelled against the petitioner and one Enquiry Officer was appointed. The Enquiry Officer vide his report dated 23rd October, 2002 held all the eight charges 'not proved. In spite of the same, the Deputy Commissioner who is the disciplinary authority without differing with the findings of the Enquiry Officer, forwarded a copy of the enquiry report to the petitioner, vide Memo No. 253, dated 3rd February, 2004 and asked him to file show cause reply. It was not made clear therein as to why a show cause reply was asked for when the petitioner was exonerated of all the charges by the Enquiry Officer. Later on, after receipt of the reply, the Deputy Commissioner, vide Memo No. 1590, dated 6th June, 2003 differed with the finding and issued a second show cause notice and also ordered for fresh enquiry. This was challenged by the petitioner before this Court in W.P. (S) No. 3059 of 2003. A Bench of this Court vide order dated 11th November, 2003, having noticed the decisions of the Supreme Court in the case of K.R. Deb V/s. The Collector of Central Excise, Shillong, - - - - and the case of Bhupinder Pal Singh V/s. Director General of Civil Aviation, reported in 2003 (2) Supreme Today 493, held the notice illegal and set aside the notice. However, liberty was given to the disciplinary authority to proceed from the stage of second show cause notice and to conclude the departmental proceeding in accordance with law. Thereafter, while the Deputy Commissioner issued a second show cause notice, vide Memo No. 349, dated 11th February, 2004 simultaneously appointed Treasury Officer, Giridih as the Enquiry Officer to conduct fresh enquiry.