KESHAW PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant intra-court appeal is preferred by the writ petitioner/appellant challenging the order dtd. 23/1/2024 passed by the Writ Court in W.P.(S) No. 5840 of 2023, wherein writ application filed by appellant was dismissed as not maintainable on the ground of availability of alternative remedy of appeal under Jharkhand Government Employees' (Classification, Control and Appeal) Rules, 2016 [hereinafter referred to as 'Rules of 2016'].

(2.) The brief fact of the case is that appellant was appointed on 20/12/1999 on the post of 'Clerk' at Hazaribagh Collectorate and was scheduled to retire from service on 28/2/2026. A departmental proceeding vide order dtd. 20/12/2017 was initiated against this appellant while serving him charge-sheet, primarily on the ground of alleged irregularities committed in payment of compensation with respect to land acquisition pertaining to Land Acquisition Case No. 01/2011-12 initiated by District Land Acquisition Officer, Ramgarh. During the relevant period, i.e. 2015-16, appellant was posted as 'Upper Division Clerk' in the office of District Land Acquisition Officer, Ramgarh.

(3.) It is the case of the appellant that before initiating departmental proceeding, District Commissioner, Ramgarh directed District Land Acquisition Officer, Ramgarh to submit its report pursuant to a complaint made by one Fagu Besra regarding alleged irregularities in payment of compensation. Pursuant thereto, the District Land Acquisition Officer, Ramgarh submitted its report dtd. 26/9/2016, wherein alleged irregularities in payment of compensation was pointed out. Thereafter, another report dtd. 4/10/2016 was also submitted by District Land Acquisition Officer, Ramgarh, wherein names of six persons including the present appellant were identified as being responsible for such irregularities and only thereafter, departmental proceeding was initiated against the appellant. However, since appellant was not supplied the copy of the aforesaid reports dtd. 26/9/2016 and 4/10/2016, appellant requested the enquiry officer for supply of the aforesaid reports including the complaint dtd. 20/8/2016 filed by the said Fagu Besra which led to initiation of disciplinary proceedings.