KAMESHWAR PRASAD Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) In the accompanied writ applications the petitioner has prayed for issuance of writ of certiorari for quashing the order dated 03.09.2011 passed by respondent no. 5, the Superintending Engineer, relating to dismissal from services and further for a direction upon the respondents for reinstatement in services with all consequential benefits.

(2.) Sans details of the facts as averred in the writ application is that initially the petitioner was appointed as Accounts Clerk in Public Works Department, Koderma Division on 11.04.1980. Thereafter, he continued to work in the said post to the utmost satisfaction of the respondents authorities. While working as Accounts Clerk the petitioner received a letter dated 03.08.2001 by which he was put under suspension for committing irregularities during his tenure. It is apposite to mention here that a First Information Report was lodged on 03.09.2001 on the allegation, inter-alia, that the petitioner was a Bill Clerk in Public Works Department and was preparing the bill of retired employees and has defaulcated the amount of Rs.5,35,152/- in different occasion and it was also alleged that the petitioner has confessed his guilt in writing that he has withdrawn the amount of Rs. 88,322/- and was ready to deposit it and the said amount was kept in his own account in the bank.

(3.) Being aggrieved by the order of suspension the petitioner moved before this Court vide W.P.(S.) No. 926 of 2003 and the same was disposed of vide order dated 07.03.2003 with a direction to the respondents. The respondent no. 3 passed an order of dismissal dated 3.12.2003 and then the petitioner filed an appeal before the Secretary, Public Works Department, Road Division Government of Jharkhand giving all the details and raised all the points. The Secretary did not consider the appeal and rejected the same vide order 30.01.2004 affirming the order dated 03.12.2003.