PRADIP PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has prayed for quashing the show cause notice dated 27.08.2016 issued under the signature of the Deputy Secretary, Department of Personnel, Administrative Reforms, Rajbhasha, Jharkhand, whereby petitioner has been asked to reply to the show cause within 15 days from the date of issuance of the show cause notice as to why the petitioner should not be inflicted punishment against the charge contained in letter No. 1222 dated 10.04.2010 on the assumption that the charges appears prima facie to be correct and the petitioner has further prayed for direction to the respondents to grant senior selection grade from June 2013.

(2.) The brief facts leading to filing of the present writ petition is that vide letter dated 10.04.2010 charges were framed against the petitioner, alleging therein that the petitioner while working as the Circle Officer, Sadar, Chaibasa, mutated the tribal land in favour of the people who were not tribals without prior permission. On receipt of the said charges, the petitioner submitted his explanation contending therein that there is no violation Section 46 of the Chotanagpur Tenancy Act, 1908, in mutation case of the year 2006-07 because as per the provisions of law of the mutation, the order of the petitioner in mutation case are amenable to appeal and the same has been passed in the capacity of the quasi judicial authority and further the same does not create any right over the land. After consideration of the explanations submitted by the petitioner, Deputy Commissioner, West Singhbhum, Chaibasa forwarded his opinion to the respondents. The petitioner was served with punishment of censure, withholding of four increments. Being aggrieved by the impugned order of punishment, the petitioner approached this Court vide W.P.(S) No. 4548 of 2013, wherein vide order dated 08.03.2016 this Court had been pleased to quash the order of punishment dated 20.02013 and the writ petition was allowed. After disposal of the aforesaid writ application the respondent No. 4 issued show cause notice dated 27.08.2016 calling upon the petitioner on the self same memo of charges contained in letter dated 10.04.2010. Though, vide order dated 19.08.2016 the order of punishment inflicted on the petitioner was set aside as evident from Annexure-9 to the writ petition. In pursuance to the show cause notice dated 27.08.2016, the petitioner has already submitted his reply on 20.09.2016 vide Annexure-10, contenting therein that the show cause notice dated 27.08.2016 is nothing but to circumvent the order passed by this Court dated 08.03.2016 passed in W.P.(S) No. 4548 of 2013. Being aggrieved by the show cause notice dated 27.08.2016 the petitioner filed Cont. (Civil) No. 553 of 2016 and the instant writ application and vide order dated 28.11.2016 this Court by a interim measure has been pleased to direct that the show cause notice dated 27.08.2016 vide Annexure-8 shall not be given effect to.

(3.) Mr. Prashant Pallav, learned counsel for the petitioner has vehemently submitted that the impugned notice dated 27.08.2016 vide Annexure-8 to the writ petition is in the teeth of the judgment passed by this Court in W.P.(S) No. 4548 of 2013 since this Court has quashed the order of punishment on merits as well as on procedural impropriety. Learned counsel for the petitioner further submits that the show cause notice is based on the charges which has been quashed by this Court and is an abuse of process of law which has been issued for mala fide reasons. Learned counsel for the petitioner further submits that the impugned show cause has been issued to deprive the petitioner from the benefit of promotion to senior selection grade.