LAWS(JHAR)-2015-7-197

DR. NIRMAL KUMAR SON OF LATE SATYA NARAYAN SAH, RESIDENT OF KISHORI KUNJ AWASTHI GHAT, DANAPUR, P.S. DANAPUR, P.O. Vs. STATE OF JHARKHAND AND OTHERS

Decided On July 06, 2015
Dr. Nirmal Kumar Son Of Late Satya Narayan Sah, Resident Of Kishori Kunj Awasthi Ghat, Danapur, P.S. Danapur, P.O. Appellant
V/S
State Of Jharkhand And Others Respondents

JUDGEMENT

(1.) In this writ application the petitioner has prayed for quashing the notification as contained in Memo No. 2338 dated 18.09.2007 issued by the respondent No. 2 whereby and whereunder an order of punishment pursuant to a departmental proceeding has been inflicted upon the petitioner. It has further been prayed therein for declaring the entire departmental proceeding initiated against the petitioner as illegal and without jurisdiction as also for a declaration that the impugned notification dated 18.09.2007 is also without jurisdiction.

(2.) The petitioner was initially appointed by the State Government on the post of Block Animal Husbandary Officer in the year 1968. During the course of his employment, the petitioner was transferred to various places and his last posting was as Regional Director, Animal Husbandary Department, Dumka. While the petitioner was posted as Regional Director, Animal Husbandary, Santhal Pargana at Dumka, a letter was issued to him by the respondent No. 2 dated 18.07.2002 whereby the petitioner was directed to give a show cause notice to all the Technical Assistants against whom there is no order of stay from the Court and after obtaining their show cause they were relieved or relegated from the previous post within one month.

(3.) The petitioner in terms of his letter dated 20.07.2002 directed the District Animal Husbandry Officer, Dumka, Godda and Sahebganj to obtain show cause reply but since the necessary action for obtaining the reply had not been taken, the matter was reported to the Respondent No. 2 by letter dated 05.10.2002. By virtue of the order as contained in Memo No. 2817 dated 31.10.2002 issued by the respondent No. 2, the petitioner was placed under suspension in contemplation of initiation of a departmental proceeding. Charge-sheet through Memo No. 130 dated 16.01.2003 was served upon the petitioner to which the petitioner had given a reply. The enquiry which was conducted found the petitioner guilty of the charge and the petitioner was submitted a show cause in relation to the proposed punishment. Subsequently, in terms of the notification as contained Memo No. 2338 dated 18.09.2007 passed by the respondent No. 2 the petitioner has been inflicted with a punishment that he shall get only 50% pension, he shall not get the benefit of Assured Career Progression prior to the retirement, promotion as also pay enhancement. It was also ordered therein that save and except subsistence allowance, the petitioner was not entitled to any other emoluments during the period of suspension from 31.10.2002 to 31.07.2003. Aggrieved by the order of punishment as contained in Memo No. 2338 dated 18.09.2007 the petitioner has preferred the present writ application.