UMESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has challenged the departmental proceedings initiated against him vide order No. 46 dated 16th of April, 2004. The ex parte enquiry Report issued under Order No. 680 dated 19th of May, 2005 and show cause notice dated 19th of October, 2005, issued by Respondent No. 3 asking the petitioner why action be not taken against him pursuant to departmental enquiry conducted against him. He has further prayed for payment of full salary and allowance during the period of suspension. It is relevant to briefly state the background, whereunder, petitioner has preferred this writ petition. Petitioner was serving as a Range Officer in the Forest Department in the State of Bihar. Vide Order dated 09th of September, 2003, he was placed under suspension on account of certain allegations. Suspension order was communicated to him on 24th of September, 2003. In the meanwhile, order dated 16th of April, 2004 was passed for initiation of departmental proceedings against the petitioner. It is alleged that the order dated 16th of April, 2004 was served upon the petitioner on 15th of September, 2004. In the meanwhile petitioner was allocated the State of Jharkhand. In the order dated 26th of April, 2004 his name figures at Serial No. 97 of the final cadre allocation list. Petitioner was relieved vide order dated 08th of June, 2004 and he joined the State of Jharkhand on 09th of June, 2004. Petitioner challenged his suspension in W.P. (S) No. 6869 of 2004. While this writ petition is pending, suspension of the petitioner has been revoked vide order dated 06th of September, 2005. Before revocation of his suspension petitioner was asked to participate in the departmental proceedings at Patna vide letter dated 28th of April, 2005 issued by the Regional Chief Conservator of Forests, Ranchi. Admittedly, petitioner did not participate in the enquiry. The Enquiry Officer submitted ex parte enquiry report dated 19th of May, 2005 to the Chief Conservator of Forests, Bihar, Patna. On the basis of the aforesaid enquiry Report, petitioner has been served with the show cause notice dated 19th of October, 2005 asking him to submit his reply to the enquiry Report. Petitioner has challenged the enquiry proceedings against him primarily on the ground that after his cadre allocation to the State of Jharkhand, State of Bihar had no jurisdiction or authority to initiate and continue with the departmental proceedings. As far the W.P. (S) No. 6869 of 2004 is concerned, in view of the revocation of suspension of the petitioner vide Notification No. 5224 dated .06th of September, 2005, this petition has been rendered infructuous and is dismissed as such.

(2.) THE State of Jharkhand in its counter affidavit has stated that the departmental proceedings against the petitioner have been completed and before passing of final order, the Government of Jharkhand, Department of Forests and Environment has provided another opportunity to the petitioner to place his defence before the Government of Jharkhand. Show cause notice dated 19th of October, 2005 has been issued accordingly. It is further stated that at the time of initiation of the departmental proceedings vide order dated 16th of April, 2004, petitioner was serving in the State of Bihar and since the entire cause of action had accrued within the territorial jurisdiction of the residual State of Bihar, therefore, for the sake of convenience, it was decided to let the Enquiry officer appointed by the Government of Bihar complete the enquiry. It is further stated that the Enquiry Officer was appointed by the Government of Bihar and according to the Respondents, there is no bar in the Bihar Reorganization Act, 2000 that the said Enquiry Officer cannot conduct the enquiry.

(3.) THE short question involved in this writ petition is whether after the final cadre allocation of the petitioner to the State of Jharkhand on 26th of April, 2004, the State of Bihar had jurisdiction and authority to continue with the departmental proceedings against him.