JAI SHANKAR JHA, SON OF LATE KRISHNA CHANDRA JHA, RESIDING AT FLAT NO. 102, KUSH APARTMENT, RAM JANKI NAGAR, ROAD NO. 2, HAWAI NAGAR, P.O. Vs. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, HAVING OFFICE AT PROJECT BUILDING, P.O. & P.S. DHURWA, TOWN AND DISTRICT

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for issuance of writ/direction for quashing/setting aside the decisions contained in Notification dated 07.10.2013, pertaining to withholding of 5 per cent pension of the petitioner for two years and for quashing and setting aside the appellate order dated 07.02.2014, passed by the respondent no. 1, rejecting the appeal preferred by the petitioner and for a direction to the respondents to pay the full pensionary benefits to the petitioner on his retirement from the post of the Sec. Officer, Home (Jail) Department on 31.03.2012.

(2.) Sans details, the facts, as disclosed in the writ petition, is that the petitioner was appointed on the post of the Assistant on 16.12.1975 in the Unified State of Bihar. During the course of his service, the petitioner was promoted to the post of the Sec. Officer and was granted second A.C.P. on completion of 24 years of service w.e.f. 01.04.2000 and third M.A.C.P. on completion of 30 years of service w.e.f. 01.09.2008 respectively. During his posting, as Sec. Officer in the Health, Medical Education and Family Welfare Department, Government of Jharkhand, Ranchi, a preliminary enquiry was conducted against him and a decision was taken for framing of charge against the petitioner. The petitioner was directed to submit a reply within 15 days to the charge, as is evident from the letter dated 28.09.2007 vide Annexure-4 to the writ application and the petitioner submitted his reply denying the charges levelled against him. It appears that no enquiry officer was ever appointed to enquire into the charges against the petitioner. Thereafter, the petitioner was granted 03rd M.A.C.P. w.e.f. 01.09.2008 i.e. on completion of 30 years of service on 01.09.2008, as appears from office order dated 03.11.2010, wherein the name of the petitioner is placed at Serial No. 52 but to the utter surprise and dismay, while the petitioner was at the verge of his retirement, a letter dated 20.10.2011 was written by the Health, Medical Education and Family Welfare Department, Government of Jharkhand to the Joint Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Ranchi enclosing the copy of the preliminary enquiry report dated 03.08.2007 and the Principal Secretary of the Personnel, Administrative Reforms and Rajbhasha Department informed the Secretary of Health, Medical Education and Family Welfare Department that the charges against the petitioner have not been substantiated in absence of adequate evidence, which would be evident from the letter dated 20.12.2011 vide Annexure-8 to the writ petition. Since the services of the petitioner were found to be satisfactory in all respects, a decision was taken to promote the petitioner to the post of the Under Secretary as appears from the proceeding of the meeting dated 03.03.2012, in which the name of the petitioner appear at Serial No. 2, as per Annexure-9 to the writ petition. In the said proceeding of the meeting dated 03.03.2012, it is mentioned in the extreme right column, as against the petitioner, that the Health Department could not produce adequate evidence in respect of the charges levelled against the petitioner and the petitioner was allowed to retire on 31.03.2012 without any demur or protest. After retirement, to the utter consternation of the petitioner vide letter dated 04.08.2012 of the Health, Medical Education and Family Welfare Department basing on the letter dated 22.10.2011, it was stated that the petitioner was guilty of charge as per Annexure-10 to the writ petition. Thereafter, the Secretary, Personnel, Administrative Reforms and Rajbhasha Department wrote a letter to the Health Department that there was no adequate evidence made available by the Health Department to substantiate the charge against the petitioner as per the letter dated 14.08.2012 at Annexure-11 to the writ petition. Again, vide letter dated 08.09.2012, the Personnel Administrative Reforms Department, which is the parent department of the petitioner, requested the Health Department to make available the evidence to substantiate the charges against the petitioner vide Annexure-12 to the writ petition and thereafter vide letter dated 03.05.2013, the petitioner was asked to submit reply within 14 days with respect to the charges levelled against him on the basis of preliminary enquiry report dated 03.08.2007 as per Annexure-14 to the writ petition and the petitioner also submitted reply on 08.05.2013, as per Annexure-15 to the writ petition. Thereafter, the impugned decision vide Notification dated 07.10.2013 was taken, whereby 5 per cent pension of the petitioner was ordered to be withheld for two years. Thereafter, the petitioner, being aggrieved by the impugned decision dated 07.10.2013 (Annexure-16), submitted an appeal on 05.11.2013 to the respondent No. 1, which has been rejected by the appellate authority on 07.02.2014 (Annexure-18).

(3.) Being aggrieved by the impugned decisions dated 07.10.2013 (Annexure-16) and the order of the appellate authority dated 07.02.2014 (Annexure-18), the petitioner left with no other efficacious and speedy remedy, has been constrained to invoke the extraordinary jurisdiction of this Court, under Art. 226 of the Constitution of India, for redressal of his grievance.