SUNIL KUMAR SULTANIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ application has been filed by Writ Petitioner praying therein for following reliefs:-

(2.) The writ application was initially filed challenging Second Show Cause Notice including reminder Second Show Cause Notice, wherein Petitioner was asked to show cause as to why major penalty of "reduction to a minimum stage in the time scale of pay" be not imposed upon Petitioner in exercise of power under Rule 14 of Jharkhand Government Servants (Classification, Control & Appeal) Rules, 2016). However, during pendency of the writ application final order imposing punishment, contained in Letter No.1297(S) dtd. 30/3/2021 (Annexure-15) was passed against Petitioner, wherein major penalty of "reduction to a minimum stage in the time scale of pay" was imposed upon Petitioner under Rule 14 of C.C.A. Rules. Said order was challenged by filing an amendment application, which was allowed by this Court and, thereafter, a consolidated amended Writ Petition was filed.

(3.) Shorn of necessary details from the facts, it transpires that Petitioner was promoted to the post of Executive Engineer with effect from 1/12/2014. While Petitioner was posted as Executive Engineer in Rural Development Department (Rural Works Affairs), Works Division, Bokaro, an inspection was carried out by the Secretary, Rural Development Department (Rural Works Affairs) on 10/2/2016 in Works Division, Bokaro and certain ongoing works pertaining to Chas and Chandankiyari Sub-divisions were inspected by the Secretary. Consequent upon such inspection, Petitioner was issued a Show Cause Notice dtd. 25/2/2016 by the Secretary, wherein it was alleged that Petitioner was negligent in performing his duties relating to supervision of road works including submission of incorrect proposal for administrative approval pertaining to sanction of road.