PRASANNA NARAYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has sought to challenge the departmental proceeding initiated against her by Memo No 1360 dated 16.3.2007.

(2.) THE petitioner has challenged the initiation of proceeding mainly on two grounds. (i) The departmental proceeding has been sought to be initiated on the alleged irregularities which took place in 1993 -94. There is in ordinate delay in initiation of the proceeding without any explanation and in view of the decisions of the Supreme Court, the initiation of proceeding after inordinate delay is wholly unfair and unjust and the same is not sustainable. (ii) In the year 1996 a memorandum of charge was served on the petitioner for the same alleged irregularities/allegations. The petitioner had filed her written reply as far back as on 6.7.1996. Thereafter the respondents did not choose to proceed against the petitioner and the matter was dropped. The petitioner was allowed to work as usual and subsequently she was given promotion. For the same allegations of irregularities, the proceeding cannot be initiated for the second time and that too after lapse of number of years.

(3.) THE petitioner after competing in the Bihar Public Service Commission (BPSC) Examination joined the service as a Deputy Collector on 15.6.1989. Her first posting was as B.D.O., Khunti in November 1990.