CHANDRA SHEKHAR SINGH, SON OF LATE SADA BHARAT SINGH, RESIDENT OF VILLAGE Vs. THE STATE OF JHARKHAND THROUGH THE SECRETARY, WATER RESOURCE DEPARTMENT, GOVERNMENT OF JHARRKHAND, P.O. P.S. DHURWA, DISTRICT

JUDGEMENT

(1.) In this application, the petitioner has prayed for quashing the Memo No. 3056 dated 11.12.2006 issued by the respondent no. 3, whereby and where under a departmental proceeding was initiated against the petitioner under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules 1930. A further prayer has been made for quashing of Memo No. 3102 dated 28.11.2007 issued by the respondent no. 2, whereby and where under the petitioner has been inflicted with a punishment of stoppage of three increments with cumulative effect and the petitioner shall not be paid any salary for the suspension period except subsistence allowance. The petitioner has also prayed for quashing of the adverse entry dated 11.09.2004 made by the respondent no. 5.

(2.) The facts in brief are that the petitioner who is a class III employee is posted as a Senior Accounts Clerk in Water Resources Department, Government of Jharkhand, Irrigation Division-II, Sikatia, Deoghar. The initial appointment of the petitioner was made on the post of Junior Accounts Clerk vide Memo No. 1076 dated 15.07.1969. While petitioner was posted during his service tenure at Irrigation Division, Littipara, Pakur, the charge of senior accounts clerk was handed over to the petitioner on retirement of the earlier incumbent on the post. Some anti social elements had ransacked the office and petitioner had duly reported before respondent no. 5 but since no action was being taken the matter was also reported to the officer incharge, Hiranpur Police Station. On account of mental trauma faced by the petitioner, he had proceeded on casual leave for 11.1.2004 and 12.01.2004 and thereafter proceeded on unearned leave from 13.01.2004 to 13.02.2004. The petitioner had again applied for extension of his earned leave from 13.02.2004 to 11.04.2004 and a further extension was sought for till 21.04.2004. When the petitioner joined on 22.04.2004, the same was refused by the respondent no. 4, subsequent to which the petitioner proceeded on casual leave and thereafter on earned leave. The petitioner as it appears was relieved from his place of posting at Irrigation Division, Littipara and was asked to join in the office of Chief Engineer, Water Resources Department, Deoghar and the joining of the petitioner was not accepted and on request for transfer he was subsequently transferred to Irrigation Division-II, Sikatia vide Memo No. 1923 dated 30.06.2004. The petitioner was served with Memo No.3046 dated 9.12.2006, whereby he was placed under suspension which was issued under Rule 49A of the Civil Services (Classification Control and Appeal) Rules 1930. The petitioner was served with a charge sheet vide Memo No. 3056 dated 11.12.2006, in which a departmental proceeding was initiated against the petitioner on the charges of unauthorized absence, excess money found in the cash chest and misplacing of a Bank Draft. The petitioner was subsequently issued Memo No. 3102 dated 28.11.2007, wherein the petitioner was imposed a punishment of stoppage of three increments with cumulative effect and it was further indicated therein that the petitioner shall not be paid any salary for the period under suspension except the subsistence allowance.

(3.) Heard Mr. Rupesh Singh, learned counsel for the petitioner and Mr. Atanu Banerjee, learned Government Advocate for the respondents.