MD. GAYASUDDIN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In the aforesaid writ application, the petitioner has inter -alia prayed for quashing of the order dated 11.02.2014 issued by the respondent no.3 pertaining to order of punishment of reduction to a lower rank and for issuance of direction to restore the petitioner to his original position with all consequential benefits.

(2.) The facts as disclosed in the writ application, in a nutshell is that the petitioner was initially appointed by the Finance (Commercial Taxes) Department, Government of Bihar. In pursuance to advertisement published by the Financial Services, due to unblemished service record, the petitioner was promoted to the post of Assistant Commissioner, Commercial Taxes Department. Thereafter, he was posted at Dhanbad Circle on the post of Assistant Commissioner, Commercial Taxes Department. While continuing as such, the petitioner received one show cause dated 09.03.2013 as contained in memo issued by the Joint Commissioner (Administration), Commercial Taxes Department, Dhanbad Division, Dhanbad whereby explanation has been sough for as to why the cases have been disposed of at the instance of the petitioner during the pendency of the revisions before the Commissioner, Commercial Taxes Department, Jharkhand, Ranchi and subsequently, charge sheet was also served on 20.02.2013 as per Annexure -2 and 2/1 series to the writ application. Due to depression and mental agony, the petitioner could not file any reply to show cause as he was under treatment and advised to have complete bed rest. The respondents conducted the inquiry ex -parte and concluded the same. After conclusion of the inquiry, the second show cause notice was issued to the petitioner and the disciplinary authority basing on the report of the inquiry officer passed the order of punishment of reduction to a lower rank in view of the Civil Services (Classification, Control and Appeal) Rule, 1930 vide order dated 11.02.2014 which is impugned in this writ application. It has been submitted in the writ application that vide oder dated 26.06.2009, the Joint Commissioner, Commercial Taxes Department (Appeal) Dhanbad, Division, Dhanbad has been pleased to dispose of the Appeal by setting aside the order of lower court and directing the present petitioner -Assistant Commissioner, Commercial Taxes Department to dispose of the Appeal as contained in Annexure -7 to the writ application. In pursuance to the direction of the Joint Commissioner, Commercial Taxes Department passed in the Appeals, the petitioner, heard and disposed of the Appeal vide order dated 07.07.2010, which was remanded to him. Since as per the direction of the Appellate Authority, the petitioner disposed of the said appeals, no latches lie on the part of the petitioner in disposing of the said appeal. It has further been disclosed in the writ application that the order passed by the Joint Commissioner, Commercial Taxes Department on 08.07.2010, revision was preferred but the petitioner heard and disposed of the appeals on 07.07.2010 and no information whatsoever was furnished before the petitioner with regard to filing of the revision against the appellate order. It has further been submitted that the revision has also been disposed of by the Commissioner, Commercial Taxes Department, Government of Jharkhand, Ranchi and no financial loss has been caused to the Government.

(3.) Per -contra, a counter -affidavit has been filed on behalf of the respondent nos. 1 to 4 repelling the contentions made in the writ application. In the counter -affidavit, it has been submitted that on perusal of the order dated 11.02.2014 (Annexure -6) it is evident that when the petitioner did not submit reply to the 2nd Show cause notice then again extension of time was granted to enable the petitioner to furnish reply to the 2 nd show cause notice. However, the petitioner did not submit his reply to the 2nd Show cause notice. The inquiry proceeded as under rules and regulations. Due to misconduct on part of the petitioner loss to the tune of Rs.96,02,119.83/ - has been caused to the State Exchequer. The same has been established upon a full fledged departmental enquiry and the guilt of the petitioner has been established after a full fledged departmental proceeding which has been conducted totally in accordance with law. As such, the present writ application is liable to be dismissed.