SUSHANTU KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, who was working as a Clerk since 1973, was suspended on 29th September, 1994 and a departmental proceeding was initiated vide resolution bearing Memo No. 304 dated 20th April, 1995. It was alleged that the petitioner misusing his post has taken part in the matter of illegal and forged appointments as also issued forged purchase order of medicine. The petitioner filed a show cause reply denying the allegation wherein -after the order of suspension was revoked. Later on, the revocation of order of suspension was recalled by order dated 11th December, 1995 and thereby he was treated to be continuing under suspension. The said order was challenged by the petitioner before the Patna High Court in C.W.J.C. No. 1388 of 1996, wherein the Patna High Court, by order dated 19th November, 1996, while did not choose to interfere with the order of suspension, directed the authorities to pass final order in the departmental proceeding by 18th December, 1996. The petitioner was directed to cooperate in the departmental proceeding with liberty to the authorities to proceed ex parte, if the petitioner does not cooperate, with further order that if the final decision is not taken within the time framed then the order of suspension will stand revoked w.e.f. 19th December, 1996. It appears that thereafter a second show cause notice was issued and on receipt of reply, the petitioner was dismissed from service by impugned order No. 563 dated 24th September, 1998.

(2.) THE petitioner has challenged the order of dismissal on the following grounds:

(3.) THERE is nothing on the record to suggest that the competent authority or any other authority forwarded any list of evidence or witness to the enquiry officer. Even the enquiry officer was not forwarded with any specific imputation of charges. Neither the petitioner nor the enquiry officer were intimated as to who was appointed illegally or by which order such appointments were made or by which purchase order any medicine was purchased.