SHIV KUMAR VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed for quashing the order dated 08.07.2011 as contained in Order No. 133 of 2011 passed by the Deputy Commissioner, Dumka whereby , he dismissed the petitioner from the service. Petitioner further prayed for quashing the order dated 05.09.2013 passed by the Commissioner, Santhal Pargana Division at Dumka whereby, he dismissed the appeal of the petitioner bearing Appeal No. 02 of 2011-2012.

(2.) It appears that the petitioner was working under the Resp. No. 3 as a Jeep Driver. It appears that while, he was posted in the District Revenue Office, Dumka, he was transferred to Ramgarh Circle Office, Ramgarh. However, it is alleged that he refused to receive the relieving order from two peons, namely, Surendra Paswan and Dhaneshwar Murmu. It is further alleged that the Additional Collector had also asked the petitioner to receive the relieving order and hand over the key of the Jeep to the new Driver but he disobeyed the aforesaid oral instruction of the Additional Collector. It is also alleged that while the petitioner was working as Driver under the Additional Collector, Dumka, he had not properly maintained the Log Book. It is also stated that on demand, he had not produced the Log Book.

(3.) On the aforesaid allegations, charges framed against the petitioner on 28.09.2010 and Mr. Sanjay Kumar Bhagat, Land Reforms Deputy Collector, Dumka was appointed as Inquiry Officer. By the same order, Block Development Officer, Ramgarh was appointed as Presenting Officer. It is stated that after issuance of first charge sheet, another charge sheet also issued on 29.12.2010 relating to misconduct of the petitioner at the Ramgarh Circle Office. For the said charges also, the L.R.D.C., Dumka was appointed as Inquiry Officer and B.D.O., Ramgarh was appointed as Presenting Officer. It is stated that thereafter the Inquiry Officer asked the petitioner to file written statement, which the petitioner filed on 15.01.2011, wherein the petitioner denied all the allegations made against him. It then appears that the Inquiry Officer asked the Presenting Officer to give his opinion on the written statement given by the petitioner. It further appears that after receiving the aforesaid opinion, the Inquiry Officer submitted his inquiry report on 09.05.2011 and 10.05.2011. Thereafter the Deputy Commissioner, Dumka gave 2nd show cause notice to the petitioner and after receiving the reply of the 2nd show cause notice, he dismissed the petitioner from service vide order dated 08.07.2011 ( Annexure-5). It appears that against the aforesaid order, petitioner filed an appeal before the Commissioner, Santhal Pargana Division at Dumka vide Appeal No. 02 of 2011-2012, which was also dismissed by the Commissioner vide order dated 05.09.2013 ( Annexure-8). Against the aforesaid two orders, i.e. Annexures 5 and -8, this writ application filed.