GANGA PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia, prayed for quashing of the order dated 21.11.2009, issued by the Respondent No. 3 pertaining to the punishment of imposition of fine of Rs.5,000/ - to be realized from the salary of the petitioner in two months and direction that the petitioner will not be entitled to any financial benefit for the intervening period i.e. the date of compulsory retirement till the date of reinstatement in service and for quashing the order dated 18.03.2011, issued by the respondent no. 2 affirming the order of punishment, passed by the disciplinary authority vide Annexure -4 and for direction to the respondents to pay the financial benefits including arrears of wages/salary for the intervening period i.e. 24.04.2001 to 24.09.2007 i.e. the date of compulsory retirement alongwith the interest.

(2.) The brief facts, as disclosed in the writ application, is that the petitioner initially joined the service of Bihar Rajya Road Transport Corporation, Jamshedpur Division of Chaibasa Depot as Conductor in the year 1971. While being posted on Agrico Depot under Jamshedpur Division, on 28.03.2004, the petitioner was on duty in Bus No. JH 05E 6374, Tata Bhabhua service which was checked by the flying squad and it was found that out of 32 passengers, six did not book the tickets nor any fare was realised from the said six passengers. The petitioner was out off duty from service by office order dated 31.03.2004 issued by the Divisional Manager of the Corporation. Thereafter, vide memo dated 22.05.2004, order of compulsory retirement of the petitioner was passed with immediate effect under Section 74 (b) (ii) of the Bihar Service Code. The petitioner preferred appeal/representation dated 11.06.2004 and 25.07.2007 against the aforesaid order of compulsory retirement of the petitioner, requesting for rejection of the said order and for reinstatement in service. The respondents after considering the representations/appeals filed by the petitioner reconsidered the order of compulsory retirement and vide order dated 21.09.2007, took a decision to reinstate the petitioner in service with immediate effect by revoking the oder of compulsory retirement. In compliance of the order dated 21.09.2007, the petitioner joined the services on 24.09.2007 before the concerned authorities, which was duly accepted. Thereafter, the respondents initiated departmental proceeding against the petitioner and the charge was issued to the petitioner on 30.01.2008 and the petitioner submitted his reply to the charge on 26.02.2008. Thereafter, the matter was enquired into and the enquiry officer submitted his report exonerating the petitioner from the charge/allegations as evident from the enquiry report at Annexure -9 to the writ petition. The Divisional Manager of the Respondents -Corporation, i.e. Respondent No. 3 without considering the findings of the enquiry report, passed the impugned order dated 21.11.2009 imposing a fine of Rs. 5,000/ - to be realized from the salary of the petitioner in two months and also passed order that the petitioner will not be entitled for any financial benefit for the intervening period i.e. the date of compulsory retirement till the date of entry in service as is evident from Annexure -10 to the writ petition. The petitioner filed an appeal dated 25.01.2010 before the Secretary, Transport Department, Government of Jharkhand, Ranchi against the order of punishment, dated 21.11.2009 and the appellate authority (respondent no. 2) has been pleased to dismiss the appeal by a single line order dated 18.03.2011 vide Annexure -12 to the writ petition.

(3.) Heard Mr. Vijay Shankar Jha, learned counsel for the petitioner and Mr. L.C.N. Sahdeo -G.P.IV, learned counsel for the respondents.