MURARI BHAGAT, SON OF SRI CHUNYUN BHAGAT, RESIDENT OF DIN DAYAL NAGAR, BUTI ROAD, P.O Vs. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, PROJECT BHAWAN, P.O & P.S.

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing notification no. 2650 (S) dated 26.04.2016 read with Memo No. 2651 (S) dated 26.04.2016, whereby the petitioner has been imposed with a punishment of 'Censure'.

(2.) The brief facts, as disclosed in the writ application, is that initially the petitioner was appointed on the post of Assistant Engineer on 16.06.1987 and by passage of time, the petitioner was granted regular promotion to the post of Superintending Engineer (Civil) in Road Construction Department. The petitioner preferred a writ petition being W.P. (S) No. 415 of 2015 for payment of arrears of salary and other service benefits with allowances legally payable to him on account of his promotion, which was disposed of vide order dated 22.07.2015 to consider the case of the petitioner in accordance with law after due scrutiny of relevant records. But, it is alleged that immediately after receipt of copy of this order, the respondents-authorities served a show cause notice dated 18.08.2015 upon the petitioner to submit explanation against the alleged indiscipline and arbitrariness for proceeding on leave, to which, the petitioner replied vide letter dated 27.08.2015. Pursuant thereto, the respondents-authorities rejected the claim of the petitioner with regard to arrears of salary for the post of Superintending Engineer and also for the post of Chief Engineer, I/C on the erroneous ground and wrong interpretation of Rule 103 of the Jharkhand Service Code. Thereafter, as directed by the respondents, the petitioner took over the charge of the post of Technical Secretary to Chief Engineer, National Highway Wing, Road Construction Department, Ranchi. Thereafter, the Dy. Secretary vide show cause notice dated 22.12.2015 asked the petitioner to submit explanation for the alleged leave, to which, the petitioner replied vide letter dated 30.12.2015. However, the petitioner being aggrieved with the show cause notice dated 18.08.2015 as well as show cause notice dated 22.12.2015 preferred W.P. (S) No. 01 of 2016, in which, this Court passed an interim order dated 05.01.2016 whereby it is directed not to take coercive step pursuant to issuance of notice dated 22.12.2015. it has been submitted that persons juniors to him have been given to work on the post of Engineer-in-chief on I/c basis and the petitioner has been deprived the suitable posting. Hence, the petitioner filed one Interlocutory Application, being one I.A. No. 446 of 2016, in W.P. (S) No. 01 of 2016, which was disposed of directing the respondents to consider the case of the petitioner for suitable posting.

(3.) Learned senior counsel for the petitioner submitted that only in order to frustrate the genuine claim of the petitioner for grant of promotion and in order to overcome the order passed by this Honourable Court in W.P. (S) No. 415 of 2015, the respondents had been continuously trying to punish the petitioner and lastly the respondents issued notification no. 2650 (S) dated 26.04.2016 imposing punishment of 'Censure' against the petitioner to keep away the petitioner from the zone of consideration for promotion and to accommodate juniors to the petitioner on the higher posts. The Ministry of Road, Transport & Highway, Govt. of India sanctioned a job of Construction of bridge over Dhamni Nala , for which, tender was invited and the Maa Mansa Enterprises , Garhwa being the local bidder and it had completed one work during last three years and further the work concerned was of public importance, the petitioner being Chief Engineer, National Highway Wing, Road Construction Department, allotted the work to them. But on a complaint filed by one unsuccessful bidder- Harpreet Singh through a political person, the petitioner forwarded the photocopies of the documents relating to tender to Engineer-in-Chief, Road Construction Department in compliance of departmental letter dated 02.07.2013 an explanation was sought in this matter vide letter dated 08.08.2013, to which the petitioner replied vide letter dated 06.09.2013. Learned senior counsel for the petitioner submitted that till 25.04.2016 no action was taken and all of a sudden, in order to frustrate the genuine claim of the petitioner for grant of promotion and in order to overcome the order passed by this Honourable Court in W.P. (S) No. 415 of 2015, the respondents had been continuously trying to punish the petitioner and lastly the respondents issued notification no. 2650 (S) dated 26.04.2016 imposing punishment of 'Censor' against the petitioner to keep away the petitioner from the zone of consideration for promotion and to accommodate juniors to the petitioner on the higher posts.