SANGITA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel representing the petitioner and learned counsel representing the respondents.

(2.) In this writ petition, the petitioner prays for quashing of impugned order as contained in Memo No.2709 dtd. 1/10/2018 (Annexure-3 to the writ petition), whereby after conclusion of the Departmental Proceeding, the petitioner had been imposed with the punishment of withholding of three increments with non-cumulative effect.

(3.) Learned counsel representing the petitioner submits that the impugned orders have been passed in utter violation of the "Jharkhand Government Servants (Classification, Control & Appeal) Rules, 2016". He submits that the enquiry report was not served upon the petitioner and no opportunity was given to the petitioner to rebut the materials which surfaced during enquiry. He submits that the second show cause before imposing the punishment was also not issued to the petitioner. It is his contention that though the punishment is minor in nature, yet it was the duty of the respondents to follow the procedure laid down in the aforesaid Rules. He further contends that for the self-same charge, a criminal case being Doranda P.S. Case No.535 of 2012 was instituted under Sec. 409 IPC and Sec. 7 of Prevention of Corruption Act. He submits that the Trial Court after a full-fledged trial, considering the evidences, acquitted the petitioner. He lastly submits that since the petitioner was acquitted for the self-same charge, the respondents should have considered the said acquittal and should have dropped the Departmental Proceeding.