ARUN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved of the penalty order dated 06.05.2015 which has been approved by the appellate authority by an order dated 10.08.2016, the petitioner has approached this Court.

(2.) Briefly stated, the petitioner was appointed as Assistant Engineer in the Water Resources Department, Government of Bihar on 206.1987. After bifurcation of the erstwhile State of Bihar he was allocated the Jharkhand cadre and lastly he was posted in the Minor Irrigation Sub-Division, Khunti where he tendered his joining on 11.08.2003. The petitioner has asserted that after he was transferred to the Urban Development Department, Government of Jharkhand by an order dated 14.10.2004, he tendered his joining on the transferred post on 19.10.2004, however, in the meantime Model Code of Conduct on account of the forthcoming Assembly Elections, 2004 was enforced and therefore he was not given any posting. But, in the mean-time he was taken back by the Water Resources Department by order dated 17.12004 which was challenged by him in this Court in W.P.(S) No. 328 of 2005. He was transferred to the Design Division No. 2, Medininagar on 03.03.2005 and, therefore, the petitioner filed an interlocutory application being I.A. No. 969 of 2005 seeking amendment in the writ petition. The writ petition was dismissed by an order dated 28.07.2005 against which he preferred Letters Patent Appeal being LPA No. 588 of 2005 which was also dismissed on 08.02006. This order was taken in appeal to the Supreme Court in Special Leave to Appeal (Civil) No. 8042 of 2006 which was dismissed. However, the Special Leave Petition being Special Leave to Appeal No. 7733 of 2007 preferred against the order dated 08.02007 passed in Civil Review No. 102 of 2006 was dismissed with the following observations :

(3.) Thereafter, the petitioner came to this Court in W.P.(S) No. 5702 of 2007 with the following prayers: