BASANTI TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) Petitioner, in this writ petition, has prayed for the following reliefs:-

(3.) The case of the petitioner is that she was served with a complain given by Citizen Council of India and was asked to reply to the allegations leveled on amongst other including violation of Sec. 65 (2) of the Standards of Weight and Measures (Enforcement) Act, 1985 in relation to M/s Shrraf Metal Works Deoghar. The petitioner submitted her reply stating that the allegation in relation to M/s Shrraf Metal Works is false. However, enquiry was held and report was submitted vide letter no.06 dtd. 12/6/2013, given to the petitioner vide letter no.2073 dtd. 22/6/2013 wherein it was found that the settlement made before the Lok Adalat was in violation of Rule 65 (2) of the Standards of Weight and Measures (Enforcement) Act, 1985 and that the petitioner was responsible for delaying the action. The petitioner then replied to the enquiry report stating that she was not responsible for the compromise made in relation to the case of M/s Shrraf Metal Works since the Enquiry Officer himself had issued letter no. 33 dtd. 6/6/2006 for compromise with M/s Shrraf Metal Works which shows that the offence hence committed was the first offence. After analyzing the report, the respondent no. 2 accepted that the petitioner violated Sec. 65(2) of the Act, 1985 and proposed for imposing punishment against the petitioner by withholding one increment with cumulative effect which was approved by the Minister Incharge and punishment was issued vide notification No. 2521 dtd. 21/8/2014. However, the above notification was quashed and set aside by this Hon'ble Court in W.P.S. No. 5070 of 2014 vide order dtd. 17/8/2020 and matter was remitted to the respondent no. 2 to pass fresh order after considering the contention raised by the petitioner. The respondent authorities, thereafter, passed fresh order vide Memo No. 294 dtd. 3/2/2021 by which punishment of censure has been imposed against the petitioner.