SURYADEO PRASAD Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State. This writ application has been filed for quashing of the Notification issued vide Memo No. 3797(S) dated 01.08.2009 (Annexure -11) whereby an order has been passed imposing major penalty of withholding 10% pension of the petitioner on permanent basis and at the same time excess amount drawn towards pension was ordered to be recovered.

(2.) CASE of the petitioner is that the petitioner was appointed as Inquiry Officer in a departmental proceeding initiated against suspended Assistant Engineer, namely, Sri Manish Kumar, who had been charged of defalcating a sum of Rs. 41,56,076/ - and also for not submitting account of Rs. 1,38,69,351/ -. For conducting the said departmental proceeding, one Officer was appointed as Presenting Officer. When on account of non appearance of delinquent, departmental proceeding could not be concluded information of it was given by the petitioner to the department. Upon it, a direction was given to the petitioner to proceed ex parte and to conclude it within the time stipulated therein. In spite of that, effort allegedly was not taken to conclude it and as such it remained un -concluded and, therefore, a departmental proceeding was initiated against this petitioner wherein the petitioner was imputed with following two charges: - -

(3.) ON such inquiry report, order of punishment was passed on 1st August, 2009, whereby pension of the petitioner to the extent of 10% on permanent basis was withheld. That order is under challenge.