SITA RAM SHARMA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia, prayed for quashing order dated 15.04.2005 passed by Deputy Commissioner, Hazaribagh as well as order dated 17.01.2012 passed by Commissioner, North Chotanagpur Division, Hazaribagh, by which the petitioner has been awarded punishment of stoppage of two increments.

(2.) The factual exposition, as has been delineated in the writ application, is that the petitioner while working as Clerk in the Mandu Circle Office, Mandu, it is alleged that on 26.04.1998, transfer of charge of office between the transferred Circle Officer and incoming Circle Officer was to take place, but the Circle Officer could not take charge as the petitioner was on leave. Basing on this along with other allegations, a departmental proceeding was initiated against the petitioner on 19.06.1998, in which charges were framed against the petitioner by letter dated 14.08.1998 by Circle Officer, Mandu. It is submitted that the petitioner submitted a detailed reply to the allegations on 22.12.1998 claiming himself to be innocent. Thereafter, enquiry officer was deputed, who submitted his report on 20.01.1999. Basing on the said enquiry report, the Deputy Commissioner, Hazaribagh by its order dated 02.09.2000 imposed punishment of reversion to his original post and scale, against which, the petitioner preferred appeal before Commissioner, North Chotanagpur Divison, Hazaribagh, who vide order dated 09.10.2001 dismissed the appeal.

(3.) Being aggrieved, the petitioner, approached this Court by way of filing W.P. (S) No. 821 of 2002, which was disposed of in terms of order dated 15.04.2004 and the impugned orders dated 02.09.2000 passed by the Deputy Commissioner and 09.10.2001 passed by the Commissioner, North Chotanagpur Division, Hazaribagh were quashed on account of non-supply of copy of enquiry report to the petitioner as well as no chance of show cause against the report being given to the petitioner.