NAV GOPAL DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing the order dated 18.05.2012 issued by the respondent no.3 pertaining to termination from services and for a direction to reinstate the petitioner in services w.e.f the date of termination with all consequential benefits.

(2.) Sans details, the facts as described in the writ application, is that the petitioner was appointed as Rojgar Sewak by the respondent no.3 for the Panchayat of Kathikund, Dumka situated in the district of Dumka in pursuance to the order dated 17.03.2008 issued by the Block Development Officer, Kathikund, Dumka vide memo dated 26.03.2008. After the said appointment the petitioner was discharging his duties at Astajor Panchayat, Kathikund Block, Dumka as Rojgar Sevek along with additional assignments, to the utmost satisfaction of his superior authority. But to the utter surprise, the services of the petitioner was terminated by respondent no.3 by order dated 18.05.2012 vide Annexure-6 to the writ application without any opportunity of hearing or issuance of show cause on the ground of dereliction of duty. Being aggrieved by the same the petitioner made a representation before the Commissioner, Santhal Pargana, Dumka vide Annexure-7 to the writ application, but the authority did not respond to the representation filed by the petitioner. Thereafter, the petitioner filed Memorandum of appeal before the appellate authority on 13.10.2014 vide Annexure-8 to the writ application but in vain. Being aggrieved by the impugned order of termination dated 18.05.2012, the petitioner left with no alternative and efficacious remedy approached this Court under Art. 226 of the Constitution of India, invoking extraordinary jurisdiction of this Court for redressal of his grievance.

(3.) Per contra, a counter affidavit has been filed on behalf of respondent nos.3, 4 and 5 controverting the averments made in the writ application. In the counter affidavit, it has been inter alia submitted that the Block Development Officer, Kathikund has show caused to the petitioner on the point of non-issuance of job card, not displaying of notice board at work place of MGNREGA Scheme, negligence of duty to his superior authority as well as absence from duty on 21.06.2011, when a program of scrutiny of BPL/APL cards was scheduled, as evident from report dated 23.06.2011 Annexure-A to the counter affidavit. It has been further stated that vide order dated 01.10.2011, the Block Development Officer, Kathikund again show caused Sri Nav Gopal Das, Gram Rojgar Sewak that why he is allegedly absent from dated 17.08.2011 to 29.09.2011 from weekly important Panchayat Diwas regularly and not taking interest in his official duty, as per Annexure-B to the Counter affidavit. It is further stated that Panchayat Secretary, Astajora Panchayat reported to the Block Development Officer, Kathikund that on 03.11.2011 the petitioner was absent from Panchayat level weekly meeting as evident from Annexure-C to the counter affidavit. Again the Panchayat Sewak of Astojora Panchayat reported a complaint about the petitioner for negligence of duty, non-preparation of Muster Roll of MGNREGA labourers and regular absence from his duty as evident from Annexure-D to the counter affidavit. The Block Development Officer, Kathikund issued a show cause to the petitioner vide letter dated 04.10.2008 for manipulating his attendance in back date but the petitioner never replied as per Annexure-E to the counter affidavit. It is further submitted that petitioner was not serious with his assigned job and was always found with negligence and dereliction of duty and was given ample opportunity but he never submitted his show cause reply to the controlling officer.