SUDHIR KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By way of filing this writ petition, the petitioner has sought for following reliefs:-

(2.) Heard learned senior counsel representing the petitioner and learned counsel representing the respondents.

(3.) It is the case of the Petitioner that on 26/4/1983, he was appointed on the post of Amin on compassionate ground. On 17/1/1998, vide office order no. 10, the petitioner was promoted to the post of Amin Inspector. There were no departmental proceedings initiated or complaint filed nor any criminal case lodged against the petitioner during his entire service career. However, after lapse of more than 25 years of service, the petitioner while being posted at Hazaribagh West, started getting harassed at the instance of the Conservator of Forest, Hazaribagh Circle. The petitioner was transferred to the post of Amin Inspector, Chatra North Division vide office order no. 80 dtd. 14/6/2005, even though there was no sanctioned post of Amin Inspector. The petitioner joined the post but was paid no salary as the said post was not sanctioned. The petitioner filed several representations but no heed was paid. Thereafter, the petitioner was transferred to Giridih Forest and gave his joining on 2/6/2006. Subsequently, the Conservator of Forest, Santhal Pargana Division, Deoghar became the controlling authority and the Conservator of Forest, Hazaribagh Circle had no control over the petitioner. On 10/1/2007, vide letter no 138 along with copy of the office order no. 187 dtd. 28/12/2006 issued under the signature of the Conservator of Forest, Hazaribagh Circle, a departmental proceeding was initiated against the petitioner. Later on, another office order no 46 contained in Memo No. 920 dtd. 13/3/2007 was issued to the petitioner by the Conservator of Forest, Hazaribagh Circle, wherein the petitioner was put under suspension. The said order was communicated to the Regional Chief Conservator of Forest, Hazaribagh and further to Regional Chief Conservator of Forest, Dumka vide letter no. 601 dtd. 15/3/2007. Thereafter, the petitioner filed writ application vide W.P.(S) No. 4162 of 2007 for quashing of the office order dtd. 28/12/2006 and 13/3/2007 respectively and for direction upon the respondents for payment of arrears of salary from 18/6/2005 to 13/10/2005. During the pendency of the said writ petition, the petitioner was issued another office order no. 32 contained in Memo No. 490 dtd. 17/4/2008 passed by the Conservator of Forest, Santhal Pargana Circle, Deoghar wherein, he was suspended in contemplation of the departmental proceeding. The petitioner was served with a charge sheet contained in office order no. 50 contained in Memo No. 1331 dtd. 10/4/2008 by the Conservator of Forest, Hazaribagh Circle. The enquiry officer did not find the petitioner guilty of the second charge in both the proceedings and rest 3-6 charges were not dealt with, however, the petitioner was dismissed from service and a decision was taken to recover an amount of Rs.557.93 Lakhs from him vide office order No. 122 contained in Memo No, 2070 dtd. 20/9/2009 issued by the Conservator of Forest, Hazaribagh.