NAGENDRA PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ petition has been preferred by the petitioner to quash the punishment order dtd. 17/12/12 wherein the petitioner was punished with stoppage of four increments with cumulative effects and censure. The Petitioner has further prayed for the quashing of the second show cause notice and the enquiry as conducted against the Petitioner. During the pendency of the writ petition, interlocutory application IA No. 8049 of 2017 was filed for the addition of a prayer, seeking quashing of the order dtd. 23/3/2016 wherein the appellate authority had reduced the punishment of stoppage of two increment with non-cumulative effect. The same was allowed vide order dtd. 14/8/2025.

(2.) Learned counsel representing the petitioner submits that the petitioner was serving as the Block Development Officer of Kisko Block within the district of Lohardaga. During his period as the Block Development Officer, a proposal was made for a Jatropha plantation project to be carried out in two villages within the Kisko Block, i.e., villages Nari and Hondaga. The said proposal was sanctioned and approved vide memo bearing no. 134(ii)/ORG dtd. 21/11/2006. It was submitted that the entire project was to be carried out by an NGO namely Swablamban, and the role of the petitioner was limited to entering into agreements with the concerned committees and transfer of funds upon receipt of necessary documents.

(3.) The petitioner, in discharge of his official duties, executed a Memorandum of Understanding and three agreements, all dtd. 15/12/2006, to ensure that the plantation project is executed within the fixed deadline of 30/7/2007. Pursuant to the agreement and after verification of the necessary documents, the petitioner transferred the sanctioned funds and continued to monitor the progress of the project by conducting various meetings, issuing directions, reminders, etc. The petitioner continued to work in the Kisko Block till 2/3/2009, after which he was transferred to another block, i.e., the Bharno Block.