STATE OF JHARKHAND Vs. EMIL MINZ

JUDGEMENT

(1.) BOTH these Letters Patent Appeals have been filed by the State of Jharkhand and Bihar against the order dated 30.3.2005 passed by the learned Single Judge in W.P. (S) No. 698 of 2003, whereby the order of punishment passed against the respondent no. 1 -writ petitioner was quashed and the appellants were directed to pay all the retiral dues including the arrears of pension with statutory interest to the writ petitioner.

(2.) LEARNED counsel appearing for the State of Jharkhand and Bihar submitted that there was no procedural error in the departmental proceeding and the writ petitioner was rightly held guilty and, therefore, the order of punishment should not have been interfered with by the learned Single Judge.

(3.) A departmental proceeding was initiated against the writ petitioner -Emil Minz in the year 1997 on the allegation that due to his negligence and dereliction in duty, he caused loss to the State Government to the tune of Rs. 1,88,153.00. The enquiry officer found him guilty. The writ petitioner retired on 31.1.2000. In the departmental proceeding, order of punishment was passed on 24.5.2001 directing for recovery of the said amount of Rs. 1, 88,153.00 and deduction of 10% of the pension. The writ petitioner challenged the said order of punishment by filing writ petition being W.P. (S) No. 3465 of 2001. The said writ petition was disposed of on 3.1.2002. It was, inter alia, held that the enquiry report was not based on evidence and was based on mere submission of the Presenting Officer. Accordingly, the order of punishment dated 24.5.2001 and the consequential order dated 3.7.2001 were set aside with liberty to the appellants to pass order in accordance with law.