JAIBIND KUMAR SON OF KISHORI SINGH Vs. HIGH COURT OF JHARKHAND AT RANCHI THROUGH ITS REGISTRAR GENERAL

JUDGEMENT

(1.) The appellant is aggrieved of order dated 03.08.2016 by which the writ petition preferred by him, challenging the enquiry report dated 10.02013, punishment of dismissal from service vide order dated 12.08.2013 and the appellate order which was communicated to him vide letter dated 28.07.2015, has been dismissed.

(2.) Briefly stated, the appellant who was appointed as Clerk on 16.03.2000 while posted as Bench Clerk in the Court of Munsif, Civil Courts, Lohardaga was issued a show-cause notice on 08.05.2012 on the allegation that the records of Title Suit No.07 of 2001 were found missing due to his negligence, dereliction of duty etc. which amount to gross misconduct. He submitted his reply on 14.05.2012 taking a stand that records of the said case were taken out by Mr. Fataul Rahman, counsel for the plaintiffs and the plaintiff no.2-Seraj Ansari for carrying out amendment in the plaint and he was not responsible if some of the documents were missing from the records. He was placed under suspension vide Memo dated 31.05.201 Vide Memorandum dated 106.2012 a departmental proceeding was initiated against him and he was directed to submit his show-cause reply within 10 days. However, on a plea that either he was engaged in some personal works or undergoing treatment he did not submit his reply; finally through letter dated 11.10.2012 he has submitted his written defence. During the departmental enquiry showcause notices were issued to him, however, when he did not participate in the enquiry, on 18.08.2012 a notice was published in the daily newspaper directing him to appear in the departmental proceeding. Still, he did not participate in the departmental enquiry. Thereafter, the enquiry continued ex-parte and an enquiry report was submitted on 10.01.2013. Second show-cause notice was issued to him which was published in the newspaper on 06.05.2013, however, the appellant did not respond to it. Finally, punishment of dismissal from service was inflicted upon him by the disciplinary authority by an order dated 108.2013 and his appeal preferred against the punishment of dismissal from service was rejected by the Standing Committee of the High Court of Jharkhand which was communicated to him through letter dated 27/28.07.2015.

(3.) In the mean-time, with a grievance against the ex-parte enquiry the appellant came to this Court in W.P.(S) No.3219 of 2013 for a direction for re-opening the departmental enquiry. During pendency of the writ petition the order of punishment of dismissal from service was passed on 12.08.2013 and, therefore, he filed an application for amendment vide I.A. No.6487 of 201 This application was dismissed and the writ petition was disposed of vide order dated 204.2014 with liberty to the appellant to challenge the punishment of dismissal from service before the appropriate forum. Subsequently, the appellant has filed appeal before the Standing Committee on 30.04.2014.