VINOD KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this writ application the petitioner prays for the following reliefs:

(3.) Petitioner was appointed to the post of Assistant Engineer and he joined his post on 21/7/1981 under the respondents and subsequently, he was promoted to the post of Executive Engineer in the year 2002. Thereafter, he was transferred to the Road Division, Jamshedpur through a Notification dtd. 29/12/2006, where he took charge of his post on 30/12/2006. It is further case of the petitioner that while he was posted as Executive Engineer, Rural Works Department, Government of Jharkhand, he was served with a Notification bearing No. 21(S), dtd. 4/1/2009, whereby he was suspended with immediate effect. Thereafter, by a Resolution no. 1199(S)WE, dtd. 6/3/2009, issued by the Road Construction Department, Government of Jharkhand, a decision was taken to initiate departmental proceeding against the petitioner and consequently, the departmental proceeding was initiated. After conclusion of the enquiry proceeding, the Enquiry Officer submitted his report holding the petitioner guilty of the charges. Thereafter, the Disciplinary Authority vide Notification issued under Memo No. 119(S), dtd. 6/1/2011, imposed punishment of stoppage of four annual increments with cumulative effect, no payment for the suspension period except the subsistence allowance and stoppage of promotion on the higher post for the next five years. It is further case of the petitioner that in para-6 of the supplementary counter affidavit, names of the officers have been mentioned who were responsible for monitoring the construction of the said road, however, petitioner's name was not in that list. Against the order of punishment, petitioner filed an Appeal before the Governor of Jharkhand through proper channel vide his Memo of Appeal dtd. 21/12/2017.