SUKHRAM BAITHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Intra Court Appeal is directed against the order dtd. 15/4/2024 passed by the learned single judge in W.P.(S) No. 3043 of 2021. The petitioner has prayed in the said writ application for quashing the order as contained in Memo No.1605 dt. 03. 06.2022 issued by the 2nd respondent, whereby punishment of recovery of Rs.5,06,500.00 from the amount of gratuity of the petitioner as imposed by departmental order dtd. 12/6/2015 with a further observation that nothing would be payable to the petitioner except the subsistence allowance for the period of suspension from 27/2/2013 to 20/3/2013, has been upheld. The petitioner had also prayed for quashing of the order dtd. 1/4/2021 issued by the 2nd respondent, whereby previous punishment order imposed vide Departmental Order No.1764 dt. 12/6/2015 and Order No.2208 dt. 20/7/2015 was upheld. The petitioner had also prayed for refund of Rs.5,06,500.00.

(3.) The brief fact of the case which is necessary for disposal of the instant appeal is that while the appellant was posted as Block Welfare Officer in Madhupur, Deoghar and was transferred on 12/2/2013 (relieved on 12/2/2013 afternoon) to the District Welfare Office Ranchi, a teacher of Upgraded Middle School Kogdo, namely, Tulsi Yadav was caught along with another person Vinod Sharma, selling the cycles on 16/2/2013 provided by the Scheduled Tribe and Scheduled Caste Minority and Backward Class Welfare Department Government of Jharkhand for free of cost distribution among the students of Scheduled Caste and Scheduled Tribe, which were kept in the storeroom situated within the premises of Madhupur Block. Thereafter, an FIR being Madhupur P.S. case No. 34 of 2013 was registered for the said incident against Tulsi Yadav and Vinod Sharma. However, after investigation, the charge-sheet was filed in the said case against the appellant and Tulsi Yadav under Ss. 409 / 420 / 467 / 468, / 471, / 120B / 34 of IPC.