SASHI BHUSHAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajesh Lala, learned counsel for the petitioner, Mr. Arbind Kumar, A.C to learned S.C. I for the respondent-State and Mr. Shishir Suman, learned counsel for the Dhanbad Municipality.

(2.) The petitioner has preferred this writ petition for quashing order dated 20.03.2004 (Annexure 22) whereby it has been intimated that the petitioner has already been dismissed from service on the basis of enquiry report dated 03.11.2003.

(3.) The petitioner was initially appointed on temporary basis vide order dated 03.09.1982 and subsequently his services was confirmed in the year 1984 by Executive Officer. Since 1984, the petitioner had been working in the Dhanbad Municipality on the post of Cashier. On 19.09.1996, an F.I.R was lodged against the petitioner and other employees of the Municipality under Sections 406 and 407 of the Indian Penal Code. Pursuant thereto, the petitioner was put under suspension vide order dated 19.09.1996 and departmental proceeding was also initiated against him. In the criminal case, charge-sheet was submitted against the petitioner and others and charges were also framed but vide judgment dated 20.03.2015 passed in G.R. Case No. 690 of 1996 the petitioner was acquitted from the charges. However, the petitioner, being aggrieved with the order of suspension and initiation of departmental proceeding, moved this Court by filing W.P. (S) No. 351 of 2003, which was disposed of vide order dated 14.08.2003 with a direction to the respondent-Municipality to forthwith issue an order revoking the suspension of the petitioner and make payment of subsistence allowance in accordance with law and to conclude the departmental proceeding as expeditiously as possible and preferably within a period of three months from the date of the order passed by this Court. It was further observed that if the departmental proceeding is not concluded within the aforesaid time, the said proceeding shall stand quashed and further in the departmental proceeding the petitioner shall cooperate with the Municipality and if the petitioner fails to appear in the departmental proceeding, the Municipality shall proceed ex parte and conclude the same within the aforesaid time. Against the order dated 14.08.2003 passed in W.P. (S) No. 351 of 2003, the Municipality preferred appeal being L.P.A. No. 617 of 2003, which was disposed of vide order dated 29.11.2005. However, the Division Bench of this Court did not pass any finding on merits.