RAMESH PRASAD SON OF LATE SURAJ PRASAD, RESIDING AT MENKA COMPOUND, OLD LOWADIH, SAMLONG, P.O. & P.S Vs. THE STATE OF JHARKHAND THROUGH THE SECRETARY/PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT HAVING OFFICE AT PROJECT BUILDING, P.O. & P.S. DHURWA, TOWN AND DISTRICT RANCHI

JUDGEMENT

(1.) Aggrieved by the impugned order dated 29.09.2012 pertaining to debarring him from promotion for five years being confirmed by the appellate authority vide order dated 05.04.2013, the captioned writ application has been filed by the petitioner, invoking extraordinary jurisdiction under Art. 226 of the Constitution of India for redressal of his grievance.

(2.) The brief facts, as delineated in the writ application, is that the petitioner was appointed as Junior Engineer under Road Construction Department in the year 1987. While continuing as such in Building Construction Department, memo of charge was framed against the petitioner containing three charges, vide Annexure-1 and in pursuance to the said charges, the petitioner submitted his written statement of defence to the charges levelled against him and the inquiry officer submitted his inquiry report holding the Charges 2 and 3 not proved, as evident from Annexure-3 dated 09.11.2011. Basing on the inquiry report, the disciplinary authority passed the impugned order dated 29.09.2012 vide Annexure-4 to the writ application, debarring the petitioner from promotion for five years. The petitioner preferred appeal before the respondent no. 1 against the said impugned order of punishment vide Annexure-5 to the writ application. The appellate authority vide order dated 05.04.2013 has been pleased to reject the appeal confirming the order of disciplinary authority vide Annexure-6 to the writ application. Hence, the present writ application has been filed with the aforesaid prayer.

(3.) Heard Mr. Manoj Tandon, learned counsel for the petitioner and Mrs. Nilam Tiwari (J.C to Sr. S.C.I), appearing for the respondents.