SHANKAR YADAV Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing the decision taken and communicated vide Resolution dated 10.09.2011, by which, the punishment of censure, withholding of two increments with non-cumulative effect and no promotion for three years has been imposed upon the petitioner and further for direction upon the respondents to consider the case of the petitioner for promotion in the rank of ADM/Deputy Secretary.

(2.) The facts, in brief, is that initially the petitioner was selected in Bihar Administrative Services Cadre and while continuing as such a memo of charge in Form "K" vide letter dated 24.12.2007, which is alleged to be communicated to the petitioner vide forwarding letter dated 19.11.2008, was served upon the petitioner for committing irregularities in the registration of vehicles without proper verification of owners and without verifying the authenticity of NOC submitted by the applicants. Pursuant thereto, in the departmental proceeding, Enquiry Officer conducted the enquiry who submitted its enquiry report basing on which the impugned order 10.09.2011 has been passed.

(3.) Learned counsel for the petitioner submitted with vehemence that the entire departmental proceeding is fraught with procedural irregularities as neither enquiry report has been given to the petitioner nor second show-cause notice was served upon the petitioner before passing the impugned order, hence, the same is not sustainable in the eye of law. In support of his case, learned counsel for the petitioner, relied upon the judgment rendered in the case of Managing Director, ECIL, Hyderabad & Ors. v. B. Karunakar & others, 1994 AIR(SC) 1074. On merit of the case, learned counsel for the petitioner submitted that there is no provision for verifying the address of each and every owner of the vehicle before registration or reregistration, in absence of any doubt, therefore, no misconduct is made out against the petitioner. Further, it is not possible to verify the whereabouts of each and every vehicle owner, who applies for registration of certificate, therefore, on the basis of declaration made by vehicle owner, the registration/re-registration is being done. Learned counsel for the petitioner further strenuously urged that out of the four charges levelled against the petitioner none of the charges has been proved though charge No. 2 has been established partially that too on the basis of presumption.