MITHILESH KUMAR SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for issuance of a writ of certiorari for quashing the order of punishment contained in Memo no. 2590 dated 23.06.2005 (Annexure-6 to the writ petition) and also for quashing the part of the inquiry report dated 19.07.2001 (Annexure-3 to the writ petition).

(3.) The factual matrix of the case is that while the petitioner was posted as Junior Engineer in Agnu Sub-Division (presently in the State of Bihar), he was issued memo of charge alleging inter alia that he released 200 bags of cement in a single day to the contractors irrespective of the fact that there was no arrangement for keeping the aforesaid bags at the site and hence he facilitated black marketing of the said cement bags. Initially, one Harihar Mandal and after his superannuation, Deo Chandra Jha, Superintending Engineer and finally Birendra Kumar Singh was appointed as Inquiry Officer, who recorded his finding in the inquiry report submitted on 19.07.2001. Thereafter, a second show-cause notice was issued to the petitioner vide Letter no. 1405 dated 111.2002 disclosing the proposed punishment. The petitioner also filed his reply to the said second show-cause, which was received on 01.12.2002 (Annexure-5 to the writ petition). In the meantime, the cadre of the petitioner was allocated to the State of Jharkhand and at the time of filing of the writ petition, he was posted at Ground Water Division, Ranchi, Department of Water Resources (Minor Irrigation), Government of Jharkhand, Ranchi. The Government of Jharkhand, vide order contained in Memo No. 2590 dated 206.2005 issued under the signature of the Under Secretary to the Government of Jharkhand, imposed the following punishments upon the petitioner :