LAWS(JHAR)-2015-7-67

BALIRAM PRASAD Vs. STATE OF JHARKHAND AND ORS.

Decided On July 06, 2015
BALIRAM PRASAD Appellant
V/S
State Of Jharkhand And Ors. Respondents

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for quashing the order as contained in Memo No. 2613 passed by the Respondent No. 4 whereby and whereunder, punishment of reduction of time scale in pay to the minimum basic pay of Rs. 3,050/ - for a period of two years has been inflicted upon the petitioner. The petitioner has also prayed for quashing the order dated 13.05.2006 as contained in Memo No. 691 by which the punishment inflicted upon the petitioner by the disciplinary authority has been upheld.

(2.) THE petitioner was appointed as Police Constable on 20.09.1979 in the District of Nalanda Police Force. While the petitioner was posted at Hansdiah Police Station, a written complaint was made against the petitioner and another person by the Officer In -charge of Hansdiah Police Station with respect to illegal collection of money from the truck owners. Pursuant to the said complaint, the petitioner was put under suspension and charge -sheet dated 02.12.2004 was submitted to him and he was directed to file a show cause failing which departmental proceeding would be initiated against the petitioner. Show cause was submitted by the petitioner but on being dissatisfied with the explanation given by the petitioner another charge -sheet was issued by the respondent No. 3 wherein the petitioner was intimated that a departmental proceeding has been initiated against him. In course of the departmental proceeding, the Enquiry Officer found the charges levelled against the petitioner to be proved and, thereafter, respondent No. 4 being disciplinary authority passed an order of punishment against the petitioner as contained in Memo No. 261 dated 16.12.2005 by inflicting the punishment of reduction in time scale of pay to that of minimum basic pay of Rs. 3,050/ - for a period of two years. The appeal which was preferred by the petitioner against the order of the disciplinary authority was rejected by the respondent No. 3 being the appellate authority vide order as contained in Memo No. 691 dated 13.05.2006. A memorial was preferred by the petitioner against the order passed by the appellate authority but the petitioner was intimated that the same is not maintainable. Having exhausted all his remedies under law the petitioner had approached this Court by way of this writ application challenging the order of punishment and the subsequent dismissal of appeal.

(3.) MR . Vaibhav Kumar, learned counsel for the petitioner has submitted that the entire disciplinary proceeding has been held by violating the basic norms and procedures. It has been submitted that a preliminary enquiry was also conducted against the petitioner by the Officer In -charge, Hansdiah Police Station and in the departmental enquiry it was the Officer In -charge, Hansdiah Police Station who had deposed as a witness. It has further been submitted that the petitioner was not aware of the preliminary enquiry as everything was kept under wraps in contravention to the principles of natural justice. The enquiry report was never submitted to the petitioner which caused a great prejudice to him as even prior to the order of punishment no show cause notice was served upon the petitioner. It has further been submitted that the Inquiry Officer instead of proving the case of the petitioner shifted the entire burden on the petitioner which view was also reiterated in the order of the disciplinary authority. It has further been submitted that since in terms of Rule 828 of the Jharkhand Police Manual, the punishment imposed upon the petitioner is a major punishment as such prior to infliction of a major punishment it was incumbent upon the disciplinary authority to issue a show cause to the petitioner. It has further been submitted by the learned counsel for the petitioner by referring to Annexure -4 to the writ application which contains a representation of the petitioner requesting the Enquiry Officer to let him examine some residents within the jurisdiction of Hansdiah Police Station.