MANOJ KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Against the order of punishment bearing memo no. 611 dated 09.09.2017(Annexure-26) passed by the Superintending Engineer, Rural Development Department (Rural Works Affairs ) Work Circle, Hazaribag- Respondent no.4, petitioner claims to have preferred an appeal though after considerable delay before the Secretary of the Department on 24.09.2018 (Annexure-28), which is stated to be pending. In the meanwhile, this writ petition was filed on 29.11.2018 seeking to quash the order of punishment where under petitioner's pay has been reduced to the minimum grade pay scale and a direction has been issued to recover the defalcated money of Rs.31,72,570/- at the rate of 40% from his salary since September, 2017 till his retirement and thereafter from the Gratuity and other allowances. Petitioner has prayed for setting aside the order of punishment and also for payment of service benefits along with subsistence allowance, which is due from 21.04.2015 to 02.10.2016.

(3.) Background facts on merits need not be gone into in detail since the appeal preferred by the petitioner is still pending. Suffice it to say that petitioner had earlier approached this Court in W.P.(S) No. 4966 of 2014 with a grievance that after 20 months of transfer dated 31.12.2012 issued by the Superintending Engineer, Rural Works Department, Work Circle, Hazaribag, he was relieved on 11.09.2014 by another order issued by the Executive Engineer, Rural Works Department, Works Division, Ramgarh. The writ petition was disposed of on 01.11.2014 vide order at Annexure-5 where this Court refused to exercise its discretionary jurisdiction to interfere in the order of transfer and relieving while making certain observations as well. L.P.A. No. 454 of 2014 preferred by the writ petitioner was disposed of on the undertaking of the writ petitioner to join his transferred place of posting at Chatra vide order dated 11.12.2014 (Annexure5/1). A departmental proceeding was initiated against the petitioner, which appear from Annexure-22, letter dated 15.12.2015 issued by the Inquiry Officer cum Executive Engineer, Rural Development Department (Rural Works Affairs) Work Division, Koderma. A criminal case was lodged against the petitioner and others being Ranchi(Sadar) Vigilance P.S. Case No. 43 of 2015 under Section 406/467/468/409/420/120B/407 of the IPC and Section 13(2) and 13(1)(c)(d) of the PC Act.