(1.) In the accompanied writ application, the petitioner has inter alia prayed for issuance of writ of certiorari for quashing the order dated 28.06.2008 (Annexure-8) passed by the Commissioner, South Chotanagpur Division, Ranchi and also for order dated 01.12.2005 passed by the District Superintendent of Education, Ranchi vide Annexure-5 to the writ petition.
(2.) Shorn of unnecessary details, the short facts, as disclosed in the writ application, is that the petitioner was initially appointed on the post of Assistant Teacher in the year 1968. In the year 2001 the petitioner took personal loan. Thereafter, in the year 2004 the petitioner was placed under suspension for the alleged forging signature of the District Education Officer, Ranchi and using his seal in order to avail the loan. Vide order dated 24.11.2004 that was modified and the petitioner gave his joining to the headquarters during suspension. On 18.11.2005 vide Annexure-3 to the writ application, charge sheet was served to the petitioner and the petitioner on 26.11.2005 submitted his show cause reply, denying the allegations/charges levellled against him. Thereafter, the impugned order dated 01.12005 was imposed vide Annexure-5 to the writ application with the following punishment:
(3.) Mr. Rajeev Kumar, learned counsel for the petitioner submitted with vehemence that the entire proceeding is vitiated on the ground of non supply of enquiry report. Since the order of punishment is a major punishment, principle of natural justice ought to have been followed. Learned counsel for the petitioner further submits that the appellate authority in a very cryptic and mechanical way has passed the order without any cogent and plausible reasons and the reply submitted by the petitioner has not been taken into account, therefore, the appellate order passed vide Annexure-8 is assailable. Learned counsel for the petitioner further submits that the entire departmental proceeding is a sham one, since no opportunity has been given to the petitioner to examine or cross examine the witnesses, therefore, the punishment order passed by the disciplinary authority being confirmed by the appellate authority are nor justified and are liable to be set aside.