STATE OF JHARKHAND Vs. NANDU RAM

JUDGEMENT

(1.) This intra Court appeal is directed against the order dtd. 16/4/2024 passed by the learned Single Judge in W.P.(S) No. 6782 of 2016; whereby the learned writ Court has quashed the order of punishment and further directed the respondents in writ application to reconsider the case of the writ petitioner for inflicting punishment other than dismissal/removal/compulsory retirement.

(2.) Briefly stated, the respondent-writ petitioner (in short, writ petitioner) was appointed on the post of Assistant Teacher vide letter dtd. 31/12/1999. After serving for more than three years, he has fallen ill. Thereafter, he proceeded on leave for his proper check up and upon investigation, the Doctor had informed him that he was suffering from acute depression and accordingly he was advised to take proper treatment. Upon such advice of the Doctor, the writ petitioner sent an application for extension of leave through registered post to the District Superintendent of Education as well as to the Principal, Government Middle School, Birshrampur, Palamau where he was posted at that time. The fact further reveals that after a gap of almost seven years when the writ petitioner was declared medically fit, he approached the school on 19/1/2012 to rejoin his services; however, the same was refused by the Principal of the School. Thereafter, the writ petitioner represented several authorities but he could not succeed and being aggrieved by the inaction of the State authorities, he was forced to file a writ application being W.P.(S) No. 4225 of 2014 primarily praying for a direction upon the respondent-authorities to accept his joining; however, during pendency of the aforesaid writ application, his claim for rejoining was rejected by the authorities vide order dtd. 14/9/2014 and by way of interlocutory application the writ petitioner had also assailed the said order. This Court after hearing the parties quashed and set aside the order of dismissal dtd. 14/9/2014. However, a liberty was given to the respondents in writ application to proceed against the writ petitioner in terms of Rule 74(b) of the Jharkhand Service Code. Pursuant to the said order passed by this Court in earlier round of litigation, a disciplinary proceeding was initiated against the writ petitioner by framing charge dtd. 10/5/2018 which contained three charges.

(3.) It transpires from record that pursuant to the order passed by the writ Court in earlier round of litigation; though a regular proceeding was initiated but the writ petitioner was not held guilty for the charge nos. (i) and (ii). Further, for charge no. (iii) it was the opinion of the enquiry officer that it requires consideration in view of sympathetic situation.