NILISHA KUMARI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for issuance of writ in the nature of certiorari for quashing notification dated 02.04.2009, whereby respondent no. 3 has been pleased to award punishment as contained in Annexure 4 and further direction upon the respondents to make payment of salary of suspension period and to give annual increment and its consequential benefits.

(2.) Sans details, the facts as disclosed in the writ application, is that the petitioner while continuing as C.D.P.O, Murhu, Ranchi was placed under suspension vide order dated 09.11.2006 for commission of certain financial irregularities in contemplation of departmental proceeding initiated against her, wherein the Enquiry Officer was appointed, who submitted his report dated 06.03.2009 vide Annexure 3 to the writ application exonerating the petitioner from all the charges. In the said enquiry report, the Enquiry Officer has recommended for revocation of the order of suspension and to allow her to join on the post of Child Development Programme Officer. But to the utter surprise and consternation, the disciplinary authority vide order dated 02.04.2009 has been pleased to impose the punishment of stoppage of two increments for two years and recovery of 10 % interest upon Rs. 22,96,372.00 for the period from 12.05.2006 to 07.06.2006 in five equal installment from the salary and allowances of the petitioner. In this context, learned counsel for the petitioner submitted that when the fund was allotted to the petitioner's block, the petitioner returned the amount adjusting the expenditure of Posahar in the light of Annexure 5 and 6.

(3.) Being aggrieved by the impugned order of punishment, the petitioner has approached this Court under Article 226 of the Constitution of India for redressal of her grievances.