SANJEEV SHARAN Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard Mr. Saurabh Shekhar, learned counsel appearing for the petitioner, and Mr. Rahul Kamlesh, learned J.C. to S.C.-II, appearing for the State.

(2.) This writ application has been filed by the petitioner with a prayer to quash the circular as contained in Memo No. 2599 dated 25.5.2006, issued under the signature of the respondent no. 3, whereby and where under the petitioner has been imposed the following punishments:-

(3.) The facts, involved in this case in nutshell, are that the petitioner was posted as Sub Divisional Officer, Ramgarh. He was transferred from the post of Sub Divisional Officer, Ramgarh to the post of Under Secretary, Transport and Civil Aviation Department, Jharkhand. Since the petitioner was also appointed as Returning Officer for Barkagaon and Ramgarh constituency of legislative assembly by virtue of his posting as Sub Divisional Officer, Ramgarh, he thought it proper to seek instruction from the Election Commission of India but as there was no approval of the Election Commission of India mentioned against the name of the petitioner in the letter dated 3.12.2004 by which the petitioner was communicated his transfer, the petitioner challenged the order of his transfer by preferring the writ application bearing W.R (S) No. 6777 of 2004. In the said writ application, this Court on 4.1.2005 directed the State to seek instruction and file counter affidavit and fixed the date as 6.1.2005 and further passed an interim order for maintaining status quo as existing on 4.1.2005. Since the petitioner moved this Court on 21.12.2004 and this Court passed an interim order on 4.1.2005 so the petitioner continued to function as Sub Divisional Officer, Ramgarh. Finally, vide order dated 7.1.2005, said writ application was dismissed and the petitioner and respondent no. 4 of that writ application were directed to join their respective place of posting as per the transfer order forthwith. The petitioner without waiting for the certified copy of the said order handed over the charge of the post of Sub Divisional Officer, Ramgarh on 7.1.2005. Vide circular dated 18.5.2005 issued under the signature of respondent no. 3 the petitioner was apprised that the department has decided to initiate a departmental proceeding against him and accordingly, the petitioner was served with the memorandum of charges alleging therein four charges. The petitioner participated in the inquiry and submitted his reply. In the inquiry, the charges were found to be proved and vide circular dated 25.5.2006, issued under the signature of respondent no. 3, the petitioner was communicated that he has been imposed with 3 punishments as has been mentioned above.